C.Sivakumar v. Uma Ganesan
Case brief
What is this about?
A single judge allowed applications by third, eighth to eleventh defendants to condone 304-day delay in filing adoption statement of second defendant's written statement, citing failed mediation as reason, and took their memos on record.
What did the court decide?
Delay of 304 days in filing adoption statement by petitioners was condoned; memos adopted from their respective written statements were taken on record
What the court decided
1
A.Nos. 1954 to 1958 of 2024 IN
C.S.No. 54 of 2023
C.V.KARTHIKEYAN, J.
These applications have been filed by the third, eleventh, tenth, ninth and eighth defendants in the suit seeking to condone the delay of 304 days in filing the adoption statement to adopt the written statement already filed by the second defendant.
- In the affidavits filed in support of the Judges Summons,
independent reasons had been stated for the delay. It is seen that the parties had been referred to mediation and a retired Judge of this Court had been appointed as Mediator. Ultimately mediation failed. There had thus been a delay in filing the memos to adopt the written statement filed by the second defendant.
- Taking all the factors into consideration, the delay is condoned.
These Applications are allowed. The Memos filed adopting the written statement of the second defendant and by the eighth, ninth, tenth, eleventh
https://www.mhc.tn.gov.in/judis and the third defendants are taken on record.
Issues for consideration
3 issues framed by the court
Whether delay of 304 days in filing adoption statement of second defendant written statement can be condoned
Whether failure of mediation explains the delay
Whether third to fifth and seventh to eleventh defendants applications to condone delay are allowed
Parties & counsel
- applicant
Third Defendant
- applicant
Eleventh Defendant
- applicant
Tenth Defendant
- applicant
Ninth Defendant
- applicant
Eighth Defendant
Case details
As recorded by the court registry
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