Mariyammal v. Atchanna
Case brief
What is this about?
The Madurai Bench of the Madras High Court condoned a delay of 126 days for filing a Second Appeal, attributing the delay to old age ailments of the petitioner, on the condition that costs be paid to the Advocates Welfare Fund.
What did the court decide?
Condoned the delay of 126 days in filing the Second Appeal on the payment of Rs.1,000 as costs.
What the court decided
CMP(MD) No.1661 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Twentieth day of October Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
CMP(MD) No.1661 of 2020 in SA(MD)SR.No. 4011 of 2020
MARIYAMMAL ... PETITIONER/APPELLANT
Vs
1 ATCHANNA
2 ATCHAMMAL ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 126 days in filing the above Second Appeal against the Judgment and Decree dated 28.02.2019 passed in A.S. No. 45 of 2015 on the file of the Learned Sub Court, Kovilpatti, Tuticorin District Confirming the Judgment and Decree dated 04.07.2015 passed in O.S.No. 199 of 2013 on the file of the District Munsif Court, Kovilpatti, Tuticorin District.
Issues for consideration
1 issue framed by the court
Whether the delay of 126 days in filing the Second Appeal can be condoned.
Parties & counsel
- applicant
MARIYAMMAL
- respondent
ATCHANNA
- respondent
ATCHAMMAL
Coram
Case details
As recorded by the court registry
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