Allowed¶22

A.Krishnan v. Kalyani

Madras HC27 Jan 2025CMP/1433/2025

Case brief

AI extract

What is this about?

Madras High Court condonation of delay; 528 days; deficit court fee Rs.5000/-; second appeal S.A.SR.No.85519 of 2017; partition suit; Tamil Nadu Court Fees Act amendment; Registry return dated 03.11.2017; papers misplaced with disposed bundles; stay petition affidavit; petition allowed; Registry to number appeal; T.V.Thamilselvi; 27-01-2025; V.Nicholas for petitioner/appellant.

What did the court decide?

Delay of 528 days in payment of deficit court fee of Rs.5000/- condoned; Registry directed to number the Second Appeal (S.A.SR.No.85519 of 2017) if otherwise in order and post the matter in the third week of February 2025. ¶22

A.Krishnan Vs Kalyani — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP NO. 1433 of 2025

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AND

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SA SR NO. 85519 OF 2017

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A.Krishnan and another

Appellant(s)

KALYANI and 3 Others

Respondent(s)

For Appellant(s) :

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Mr.V.Nicholas

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ORDER

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This Civil Miscellaneous Petition has been filed seeking to condone the delay of 528 days in payment of deficit court fee of Rs.5000/- in the above appeal.

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Mr.V.Nicholas, learned counsel for petitioner submitted that the above second appeal arises out of a suit filed by the respondents for partition and separate possession of 1/6^th share and for partition by paying a court fee of Rs.825.50. Based on that, the court fee was paid, however, Registry returned the papers on 03.11.2017 pointing out to pay a sum of R.5000/- for the relief of partition after the amendment of Tamil Nadu Court Fees Act. Only in the first week of April 2019, the petitioner arranged the said amount and again it was returned for filing affidavit in support of

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

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stay petition. However, the paper was mixed up with disposed of bundle and it could not be traced out and only during the 2^nd week of September, 2021, it was traced out. Hence, there is a delay of 528 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

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Considering the facts and circumstances, and the reasons stated by

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the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on the 3^rd week of February 2025.

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27.01.2025

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rpp

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T.V.THAMILSELVI, J.

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

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rpp

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