Appeal against an order condoning delay in preferring a second appeal. Court held the delay due to the death of a retained agent was bona fide and condoned it, directing registry to number and list the appeal.
Delay of 2263 days condoned; registry directed to number and list the appeal for admission.
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C.M.P.No.10344 of 2022
in
SA.SR.No.62857 of 2022
P.T.ASHA, J.,
The above application has been filed to condone the delay of 2263 days in preferring the Second Appeal. The petitioners are the defendants in the suit O.S.No.288 of 2008 on the file of the Principal District Munsif Court, Ulundurpet. The above suit has been filed by the respondent herein for a declaration of title and for recovery of possession. The suit was dismissed by the Judgement and Decree dated 19.12.2013 against which the plaintiff/ the 1st respondent herein had preferred A.S.No.26 of 2014 on the file of the II Additional Sub Court, Villupuram. The learned Appellate Court had reversed the judgement of the Trial Court.
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Thereafter, they had received a notice in the execution proceeding and only when they had made enquiries they came to learn that Ganesh had not entrusted the brief to any counsel in Chennai. Consequently, the appeal was not filed.
copy of the judgement and decree was immediately handed over to the said Ganesh. The appellants have acted very diligently. Further there is a substantial case to be argued.
the 1st respondent, however, no vakalat has been filed by him. He would submit that the delay is inordinate.
6. Heard the counsels.
entrusted with the papers have not been diligent enough to engage the
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services of the counsel here in the High Court. A perusal of the certified copy
of the judgement and decree would indicate that copy application has been filed immediately and the certified copies of the Judgement have also been obtained in time. In the light of the reasons given and as the same is a genuine and bonafide one, the delay is condoned.
order and list the same for admission.
08.11.2022
shr
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P.T.ASHA, J.,
shr
C.M.P.No.10344 of 2022 in SA.SR.No.62857 of 2022
08.11.2022
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1 issue framed by the court
Whether the delay of 2263 days in filing the second appeal should be condoned?
petitioners-defendants
respondent-plaintiff
PT. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
