S.Gomathi v. a.Deivasigamani
Case brief
What is this about?
Court permitted condonation of a 304-day delay in filing a second appeal. The petitioner was ordered to pay costs of Rs.3,000 to respondents for the condonation, and the delay was subsequently allowed.
What did the court decide?
Delay of 304 days condoned subject to payment of Rs.3,000 costs to respondents' counsel.
What the court decided
CMP.No.11410 of 2024 in S.A.Sr.No.27110 of 2024
CMP.No.11410 of 2024 in S.A.Sr.No.27110 of 2024
T.V.THAMILSELVI, J.
This Petition has been filed to condone the delay of 304 days in preferring the above second appeal.
- Heard the learned counsel for the petitioner and learned counsel for
the respondents 1 to 5 and perused the material available in the record.
- The learned counsel for the respondents 1 to 5 raised objection
since the suit is of the year 2015.
- On being satisfied with the averments stated in the affidavit filed in support of the petition and to avoid multiplicity of proceedings, this Court is inclined to condone the delay with costs. The petitioner is directed to pay a sum of Rs.3,000/-(Rupees three thousand only) to the learned counsel for the respondents 1 to 5 within a period of two weeks from the date of receipt
of copy of this order and on such payment, the delay of 304 days is condoned.
Issues for consideration
1 issue framed by the court
Whether a delay of 304 days in filing a second appeal can be condoned to avoid multiplicity of proceedings.
Parties & counsel
- applicant
Petitioner
- respondent
Respondents
Coram
T.V.Thamilaveli
Case details
As recorded by the court registry
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