Allowed

Natarajan v. Kannaiyan

Madras HC11 Nov 2024CMP/15146/2024

Case brief

AI extract

What is this about?

This petition sought to condone a 632-day delay in filing a Second Appeal attributed to the COVID-19 pandemic and inability to engage counsel. The court, noting the absence of the respondent, allowed the petition subject to payment of costs and directed registry to number the appeal.

What did the court decide?

Petition allowed to condone delay on condition of payment of Rs.3000/- costs to respondent's counsel within one week; Second Appeal registered for listing.

Natarajan Vs Kannaiyan — Civil Procedure and Limitation | Madras HC (2024)

¶1

C.M.P. No. 15146 of 2024

¶2

¶3

S.A.SR.No.25574 of 2024

¶4

C.M.P. No. 15146 of 2024 in S.A.SR.No.25574 of 2024

¶5

T.V. THAMILSELVI, J.

¶6

This petition has been filed seeking to condone the delay of 632 days in filing the above Second Appeal against the judgment and decree dated 10.12.2021 passed in A.S.No.35 of 2019, on the file of Sub-Court at Thiruvarur confirming the judgment and decree passed in O.S.No.14 of 2010 dated 30.11.2016 on the file of District Munsif cum Judicial Magistrate Court, Nannilam.

¶7

Mr.A.Arun Babu, learned counsel for petitioner submitted that the judgment in first appeal was pronounced on 10.12.2021, at that time, entire nation was in standstill due to covid-19 pandemic and the petitioner also could not get the documents in time from the trial court and immediately after getting papers from the petitioner's lower court counsel, he was not able to come to Chennai and engage a counsel for filing the Second Appeal. Only during the last week of February 2024, he handed over papers to counsel on record and after making it ready the appeal papers, the second appeal was filed on 28.02.2024. Hence, there is a delay of 632 days in filing the above second appeal arose, which is neither willful nor wanton.

¶8

https://www.mhc.tn.gov.in/judis 1/3

¶9

C.M.P. No. 15146 of 2024 in S.A.SR.No.25574 of 2024

¶10

Therefore, he filed this petition to condone the delay in filing the above second appeal.

¶11

Despite notice served on the respondent, there is no representation on the side of respondent.

¶12

Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit stating that when the first appeal was dismissed on 10.12.2021, entire nation was in standstill due to covid-19 pandemic and hence, the appeal was not filed in time and to give one more opportunity, this court is inclined to allow this petition on condition that the petitioner shall pay a cost of Rs.3000/- payable to the learned counsel for respondent within a period of one week from the date of receipt of copy of this order. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 26.11.2024.

¶13

11.11.2024

¶14

rpp

¶15

https://www.mhc.tn.gov.in/judis 2/3

¶16

C.M.P. No. 15146 of 2024 in S.A.SR.No.25574 of 2024

¶17

T.V.THAMILSELVI, J.

¶18

rpp

¶19

C.M.P.No. 15146 of 2024 in S.A.SR. No. 25574 of 2024

¶20

11.11.2024

¶21

https://www.mhc.tn.gov.in/judis 3/3

Natarajan v. Kannaiyan

Case brief

What is this about?

What did the court decide?

Natarajan v. Kannaiyan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S.Chinnasamy Vs M.Palanisamy (Died) 1. Sarojini

M.Rathinavel (Died), 1.M.Ponvel Vs Sivaji

Kumaravel Vs the Commissioner

Prema Vs Murali

Periyasamy(Deceased) 1. Chellayee Vs Periyasamy

The State of Tamil Nadu Vs Arokiyamary