MINOR PARTHASARATHY Vs. CHINNASAMY

JUDGEMENT

(1.) AGGRIEVED over the fair and final order passed in I.A.No. 173 of 2010 in unnumbered C.M.A.No. .. of 2010 on the file of the Principal District Court, Dindigul, against E.A.No. 133 of 2010 in E.P.No. 84 of 2005 in O.S.No. 359 of 2000 on the file of the Subordinate Judge, Palani, the petitioners in I.A.No. 173 of 2010 have filed the above Civil Revision Petition.

(2.) HEARD the learned Counsel for the petitioners and the learned Counsel for the respondents.

(3.) A perusal of the affidavit filed in support of the petition, it could be seen that the third petitioner has stated that she was bedridden and that she was not in a position to file the appeal within the period of limitation. The reasoning given by the petitioners can be accepted in the interest of justice. Therefore, being satisfied with the reasons stated in the affidavit filed in support of the petition, I am inclined to condone the delay of 110 days in filing the appeal. Accordingly, the fair and final order passed by the lower Appellate Court in I.A.No. 173 of 2010 is liable to be set aside. Accordingly, the same is set aside. The application in I.A.No. 173 of 2010 in C.M.A.No. ... of 2010 stands allowed.