C. Padmavathi v. S. Pavithra
Case brief
What is this about?
This court allowed a petition for condonation of a 39-day delay in filing an appeal. The justified reasons included advanced age, widowhood, financial difficulty, and inability to retrieve suit pleadings.
What did the court decide?
Condonation of 39 days delay in filing appeal; matter posted on 13.06.2023.
What the court decided
C.M.P. No. 10337 of 2023 in
A.S.SR.No.57153 of 2023
C.M.P. No. 10337 of 2023 in A.S.SR.No.57153 of 2023
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 39 days in filing the above appeal.
- Mr.M.Sathish Kumar, learned counsel for appellant submitted that
the appellant herein is the defendant in the suit filed by the plaintiff for the relief of partition, which was decreed on 31.10.2022. While being so, after
the decree passed in the suit, he is not able to get the papers immediately from his previous counsel and he preferred third party application for the copies relating to the suit, which was received on 07.01.2023. Furthermore, after receipt of papers, due to her old-age and financial crunch, he is not in a position to contact her counsel at Chennai. Hence, the appeal was not filed in time. However, there is a delay of 39 days in filing the above appeal arose and the delay is neither willful nor negligent. Therefore, he filed this petition to condone the delay in filing the above appeal.
Issues for consideration
1 issue framed by the court
Whether condonation of delay for filing an appeal is justified in view of the appellant's age, financial constraints, and inability to access court papers.
Parties & counsel
- applicant
Appellant (Widow/Defendant)
- other
Previous Counsel
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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