Allowed

Thirunavukarasu (Deceased) 1. Sundari v. P. Usha Rani

Madras HC10 Dec 2024CMP/25988/2024

Case brief

AI extract

What is this about?

The court condoned a delay of 193 days in filing an Original Side Appeal to the High Court of Madras. The petitioners provided sufficient reasons for the delay, which the court accepted despite the respondent's objection.

What did the court decide?

The delay of 193 days in filing the appeal was condoned, and the Registry was directed to number and list the appeal for admission.

Thirunavukarasu (Deceased) 1. Sundari Vs P… — Civil Procedure and Limitation | Madras HC (2024)

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CMP. 25988 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-12-2024 CORAM

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THE HONOURABLE MR JUSTICE S.S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL

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CMP. 25988 of 2024 IN

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OSA SR. 147701 of 2024

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THIRUNAVUKARASU (DECEASED) 1. SUNDARI W/O.LATE THIRUNAVUKKARASU, RESIDING AT OLD NO.3-E, NEW NO.43,ETHIRAJ SAMY STREET, ERUKKENCHERY, CHENNAI - 600 118 AND OTHERS

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APPELLANT(S)

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P. USHA RANI

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W/O.PARTHIBAN, RESIDING AT OLD NO.1/678, NEW NO.9 MUTHAMIZH NAGAR 1ST STREET,KODUNGAIYUR, CHENNAI - 600 118 AND ANOTHER

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RESPONDENT(S)

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Prayer in C.M.P.No.25988 of 2024 : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 193 days in filing the Appeal against the order dated 21.03.2024 in A.No.1455 of 2024 in Appl.No.778 of 2023 in E.P.No.76 of 2022 on the file of this Court.

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Prayer in O.S.A.SR.No.147701 of 2024 : Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules r/w. Clause 15 of the Letters Patent against the order and decree dated 21.03.2024 in A.No.1455 of 2024 in Appl.No.778 of 2023 in E.P.No.76 of 2022 on the file of this Court.

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https://www.mhc.tn.gov.in/judis

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For Appellant(s): MR.R. MANICKAVEL For Respondent(s):

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MR.W.M.ABDUL MAJEED FOR M/S.G.SUMITRA FOR R1 NO APPEARANCE FOR R2

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ORDER

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(Order of the Court was made by the Hon'ble S.s. Sundar J)

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This petition is filed to condone the delay of 193 days in filing the above Original Side Appeal.

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2.The petitioners, in the affidavit filed in support of the petition, have given reasons for the delay. Though the learned counsel appearing for the respondent contested the application on the ground that the reasons are not convincing, this Court is able to see that the reasons cannot be discarded. Even though the delay is 193 days, the petitioners have given sufficient cause for the delay. This Court having regard to the peculiar facts and circumstances of the case, is inclined to allow the petition.

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3.Accordingly, the delay is condoned and this petition is ordered.

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4.Registry is directed to number the Appeal, if the papers are otherwise in order, and list the same for admission next week.

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(S.S. SUNDAR J.) (P. DHANABAL J.) 10-12-2024

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M. KANNAN

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https://www.mhc.tn.gov.in/judis