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2025 DAILYLAW 86826 (MAD)

ANAND VAIDYANATHAN v. VIDYA RAMAKRISHNAN

CMP/5232/2025 · 2025-04-30

Anita Sumanth, C Kumarappan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP No. 5232 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2025 CORAM THE HONOURABLE DR JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP No. 5232 of 2025 AND OSA SR NO. 128693 OF 2024 Anand Vaidyanathan S/o.Late Padmanabha Vaidyanathan Iyer 51, MGR Road, Kalakshetra Colony, Besant Nagar, Chennai-600090 Appellant(s) Vs Vidya Ramakrishnan D/o.NVS Ramakrishnan, 27, Beach Road, kalakshetra Colony, Besant Nagar, Chennai-600090 Respondent(s) OSA SR No. 128693 of 2024 Anand Vaidyanathan Appellant(s) Vs Vidya Ramakrishnan Respondent(s) CMP No. 5232 of 2025 For Appellant(s): Ms.Geeta Ramaseshan For Respondent(s): Mr. A.Abdul Rahim, For Sole Respondent ORDER (Order of the Court was made by Dr. Anita Sumanth J.) We have heard Ms.Geeta for the petitioner and Mr.Abdul Rahim, for the respondent. https://www.mhc.tn.gov.in/judis CMP No. 5232 of 2025 2. The present petition has been filed seeking condonation of delay of 347 days in filing the Original Side Appeal which is at SR stage. 3. Paragraph 7 of the affidavit filed in support of the petition is as follows:- “7. I humbly submit that after the order dated 05.09.2023 was passed, ,my counsel promply applied for and obtained a certified copy of the judgment. However, during this time, the certified copy of the order was misplaced within my advocate's office due to an inadvertent administrative oversight. Despite diligent efforts to trace it, considerable time was lost in locating the missing certified copy, and only after obtaining another certified copy we were able to proceed with the filing of the appeal.” 4. Ms.Geeta, accedes to the position that the delay was caused on account of the mis-placement of the papers in her office. In light of her fair statement, which we place on record, we do not see why the party should be placed at a disadvantageous position. Hence, having regard to the aforesaid, delay of 347 days in filing the Original Side Appeal is condoned and this petition is ordered. 5. Learned counsel state that C.R.P.No. 4519 of 2024 has been filed by the present petitioner challenging order dated 20.01.2024 made in I.A.No.1 of 2022 in O.P.No. 705 of 2021. They pray that, since the cause of action in both matters are inextricably connected with each other, they may be clubbed as such consolidation would assist the parties in arriving at a wholistic solution to their disputes. We accede to their request. 6. Let the original side appeal be numbered if it is otherwise in order and be listed on 17.06.2025 along with C.R.P.No. 4519 of 2024. https://www.mhc.tn.gov.in/judis CMP No. 5232 of 2025 7. Registry to place matter before the Hon'ble The Chief Justice for appropriate orders on consolidation. (ANITA SUMANTH J.)(C.KUMARAPPAN J.) 30.04.2025 ssm Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No To 1.Vidya Ramakrishnan D/o.NVS Ramakrishnan, 27, Beach Road, kalakshetra Colony, Besant Nagar, Chennai-600090 OSA SR No. 128693 of 2024 To 1.Vidya Ramakrishnan https://www.mhc.tn.gov.in/judis CMP No. 5232 of 2025 Dr.ANITA SUMANTH J. AND C.KUMARAPPAN J. ssm CMP No. 5232 of 2025 AND OSA SR NO. 128693 OF 2024 30.04.2025 https://www.mhc.tn.gov.in/judis