Subramani v. P. Doraisamy
Case brief
What is this about?
Petition for condonation of delay in filing Second Appeal. Court found the reasons justifiable and allowed the petition, imposing a cost of Rs. 5000 on the petitioner.
What did the court decide?
Delay condoned; Petitioner directed to pay cost of Rs. 5000/- to Tamil Nadu State Legal Services Authority.
What the court decided
C.M.P. No. 13601, 13605 and 13615 of 2024
in S.A.SR.No.66495, 66496 and 66497 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 3770, 3770, 3784 days in filing the above Second Appeal against the judgment and decree dated 16.08.2021 passed in A.S.No.19, 20, 21 of 2013, on the file of Sub-Court, Sathyamangalam.
- Heard the learned counsel for the petitioner.
- The appellant herein is one of the brother of the paternal grand
father's son of the respondent, who filed the suit to declare the sale deed dated 29.08.1967 and settlement deed dated 26.06.1975 as null and void along with other consequential relief. The Appellant herein claiming that suit property is ancestral property. Now, the appellant is aged about 60 years. The learned counsel for the appellant submits that the printed judgement of the Courts below was misplaced and due to covid pandemic the appellant/petitioner was not filed the appeal on time. Hence, he prayed to condone the delay of 3770, 3770 & 3784 days in filing the appeal against
the judgment and decree in AS No. 19,20,21of 2013.
Issues for consideration
1 issue framed by the court
Whether the delay of 3770-3784 days in filing Second Appeal is condonable on the grounds of misplacement of judgment and pandemic?
Parties & counsel
- petitioner
Appellant (Petitioner)
- respondent
Respondent
Coram
T.V. THAMISELVI
Case details
As recorded by the court registry
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