M. Rangan v. S. Munir Ahemed
Case brief
What is this about?
The Court condoned a delay of 757 days in filing an appeal suit attributed to lost decree copies and the COVID-19 pandemic -
What did the court decide?
Delay of 757 days in filing appeal suit condoned on condition of paying Rs.3,000 to Legal Services Authority by 24.02.2023; otherwise, C.M.P.No.5789 of 2022 dismissed automatically.
What the court decided
C.M.P.No.5789 of 2022 and A.S.Sr.No.8676 of 2022
C.M.P.No.5789 of 2022 and A.S.Sr.No.8676 of 2022
S.M.SUBRAMANIAM, J.
The learned counsel for the petitioners states that the copy of the final decree was misplaced and subsequently, he had made another application for certified copy during the COVID-19 period, which caused further delay in preferring an appeal. In the present case, the final decree was passed on 12.09.2019 and the COVID-19 pandemic commenced from 23.03.2020.
- In view of the fact that the copy application was filed during the COVID-19 period, this Court is inclined to consider the petition to condone the delay of 757 days.
- Accordingly, the delay of 757 days in filing the appeal suit in A.S.Sr.No.8676 of 2022 stands condoned on condition to pay a sum of Rs.3,000/to the Legal Services Authority, High Court on or before 24.02.2023. Failing which, the Civil Miscellaneous Petition in C.M.P.No.5789 of 2022 stands dismissed automatically.
skr
Page No 1 of 2 https://www.mhc.tn.gov.in/judis
13.02.2023
Issues for consideration
2 issues framed by the court
Whether the delay of 757 days in filing the appeal suit should be condoned considering the copy application was filed during the COVID-19 period?
What condition must the petitioners satisfy for the condonation of delay?
Coram
S.M.SUBRAMANIAM
Case details
As recorded by the court registry
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