K.Panchalai v. K.Kuppu
Case brief
What is this about?
The High Court of Tamil Nadu, acting as the appellate court, condoned the significant delay in filing a Second Appeal in a succession matter, subject to the petitioner paying a nominal cost to the State Legal Services Authority.
What did the court decide?
Failure to file Second Appeal within 3 months was condoned on condition of payment of Rs. 1000 cost to Legal Services Authority.
What the court decided
C.M.P. No. 17769 of 2024
in
S.A.SR.No.83553 of 2024
C.M.P. No. 17769 of 2024 in S.A.SR.No.83553 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 763 days in filing the above Second Appeal against the judgment and decree dated 22.12.2020 passed in A.S.No.41 of 2019, on the file of Addl. District Court FTC, Arani, Thiruvannamalai District modifying the judgment and decree
passed in O.S.No.144 of 2015 dated 07.09.2017 on the file of Sub-Court, Cheyyar.
- Mr.V.Meenakshi Sundaram, learned counsel for petitioners submitted that the petitioners are not able to get back bundle from the lower court counsel and with great efforts, it was secured only during the first week of July 2024. Thereafter, they handed over papers to counsel on record and the second appeal was filed on 02.07.2024. Hence, there is a delay of 763 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.
Issues for consideration
2 issues framed by the court
Whether to condone the delay of 763 days in filing the Second Appeal?
Whether respondents are entitled to costs for unnecessary litigation?
Parties & counsel
- petitioner
T.V. THAMILSELVI
- respondent
RESPONDENTS
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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