The court granted a petition to condone a 48-day delay in filing a special appeal, accepting the justification that the appellant was occupied with childcare following his wife's delivery.
C.M.P. filed to condone delay allowed; registry directed to number appeal immediately.
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C.M.P. No. 12171 of 2023 in A.S.SR.No.40206 of 2023
C.M.P. No. 12171 of 2023 in A.S.SR.No.40206 of 2023
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 48 days in filing the above appeal.
copy application for certified copy of judgment and decree was filed on 07.10.2022 and the same was made ready on 14.11.2022, which was received on 15.11.2022. While being so, the petitioner's wife delivered a child on 05.12.2022 and as he is the only person to take care of her, he attended her needs and assisting them till date. Hence, he unable to instruct
his counsel to prepare appeal in time. However, there is a delay of 48 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.
C.M.P. No. 12171 of 2023 in A.S.SR.No.40206 of 2023
post the matter on 30.06.2023.
20.06.2023
rpp
C.M.P. No. 12171 of 2023 in A.S.SR.No.40206 of 2023
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 12171 of 2023 in A.S.SR. No. 40206 of 2023
20.06.2023
1 issue framed by the court
Whether to condone the delay of 48 days in filing the special appeal.
T.V. Shanmugam
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
