The High Court allowed a petition to condone a 120-day delay in filing a second appeal, finding the reasons justifiable and directing registry to number the appeal.
Petition to condone delay in filing Second Appeal allowed; matter posted.
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C.M.P. No. 14193 of 2024
in
S.A.SR.No.42220 of 2024
C.M.P. No. 14193 of 2024 in S.A.SR.No.42220 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 120 days in filing the above Second Appeal against the judgment and decree dated 22.08.2023 passed in A.S.No.26 of 2010, on the file of Sessions Judge, Mahila Court, Kanchipuram District at Chengalpattu confirming the judgment and decree passed in O.S.No.148 of 2001 dated 05.02.2010 on the file of Subordinate Court, Madurantakam.
the first appellate court dismissed the appeal on 22.08.2023 and the copy of order was made ready on 13.10.2023. Subsequently, he approached the lower court counsel and received the entire case bundles and thereafter, due to illness, the appellant was not able to contact his counsel and only during the last week of March 2024, he gave instructions to file the Second Appeal. However, there is a delay of 120 days in filing the above second appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above second appeal.
C.M.P. No. 14193 of 2024 in S.A.SR.No.42220 of 2024
08.11.2024
rpp
C.M.P. No. 14193 of 2024 in S.A.SR.No.42220 of 2024
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 14193 of 2024 in S.A.SR.. No. 42220 of 2024
08.11.2024
1 issue framed by the court
Whether the delay of 120 days in filing the second appeal is condonable by the High Court.
Appellant
Respondents 1, 2 and 4
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
