Gnanamurthy v. Lakshmi
Case brief
What is this about?
This court condoned a delay of 22 days in restoring a second appeal dismissed as abated following the death of the sole appellant during the Covid-19 pandemic. The court relied on affidavit credibility and permitted the petition.
What did the court decide?
Petition to condone delay of 22 days allowed; second appeal restored.
What the court decided
1
C.M.P. No. 239 of 2022 in
S.A. No. 985 of 2014
T.V.THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to condone the delay of 22 days in filing the application to set aside the order of dismissal stating the reason that the sole appellant died on 17.09.2020 during the Covid-19 pandemic period, as she was not able to take steps, the Second Appeal was dismissed as abated. Immediately, she has filed the petition to restore the second appeal and found that there is a delay of 22 days. Hence, she has filed this petition to condone the delay.
- The learned counsel for respondent has raised serious objections but admits that during covid-19 pandemic, sole appellant died.
- Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to condone delay of 22 days, this Court is inclined to allow this petition and to restore the second appeal.
15.06.2022
rpp
Issues for consideration
2 issues framed by the court
Whether the delay of 22 days in filing the application to condone dismissal due to the death of the sole appellant during the Covid-19 pandemic should be condoned.
Whether the second appeal which was dismissed as abated should be restored.
Parties & counsel
- petitioner
Sole Appellant
- respondent
Respondent
Coram
T.V.Thamilselvi
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court