The court allowed a petition to condone a 211-day delay in filing a Second Appeal due to the petitioner's ill-health, despite lack of medical records, as the dispute is between family members. The petitioner was directed to pay Rs.2000/- costs.
Petition to condone delay of 211 days in filing Second Appeal allowed; petitioner directed to pay Rs.2000/- costs.
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C.M.P. No. 18528 of 2024
in
S.A.SR.No.76598 of 2024
C.M.P. No. 18528 of 2024 in S.A.SR.No.76598 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 211 days in filing the above Second Appeal against the judgment and decree dated 31.07.2023 passed in A.S.No.21 of 2022, on the file of I Addl. District
Judge at Tindivanam confirming the judgment and decree passed in O.S.No.85 of 2015 dated 07.01.2022 on the file of Subordinate Judge,
Gingee.
that due to ill-health, the petitioner is not able to file this Second Appeal within a stipulated time and only during the third week of June 2024, he handed over papers to counsel on record and thereafter, the second appeal was filed on 21.06.2024. Hence, there is a delay of 211 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. 18528 of 2024 in S.A.SR.No.76598 of 2024
appeared and raised strong objections stating that to prove the illness, there is no medical record produced.
is otherwise found to be in order and post the matter on 16.12.2024.
02.12.2024
rpp
N.B. : Issue order copy on 03.12.2024
C.M.P. No. 18528 of 2024 in S.A.SR.No.76598 of 2024
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 18528 of 2024 in S.A.SR. No. 76598 of 2024
02.12.2024
1 issue framed by the court
Whether to condone the delay of 211 days in filing the Second Appeal.
T.V. Thamilselvi
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
