R.Parthiban v. R.Gunalan
Case brief
What is this about?
The court condoned the delay in filing a second appeal attributable to the petitioner's age, illness, and lack of communication, directing him to deposit Rs.2000 as a non-refundable amount towards a charity within one week.
What did the court decide?
Petition allowed on condition of depositing Rs.2000 to The Medical Research Foundation within one week.
What the court decided
C.M.P. No. 18771 of 2024
in
S.A.SR.No.105827 of 2024
C.M.P. No. 18771 of 2024 in S.A.SR.No.105827 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 432 days in filing the above Second Appeal against the judgment and decree dated 25.01.2023 passed in A.S.No.16 of 2021, on the file of II Addl. District Judge, Vellore @ Ranipet confirming the judgment and decree passed in O.S.No.431 of 2013 dated 22.01.2021 on the file of Subordinate Judge, Ranipet.
- Mr.A.Ilayaperumal, learned counsel for petitioner submitted that the first appeal was dismissed on 25.01.2023 and the copies were made ready on 09.03.2023, however, as the petitioner is a senior citizen, he was suffered with age-old ailments and also due to lack of communication, he could not file the above second appeal within a stipulated time. Hence, there is a delay of 432 days in filing the above Second Appeal, which is neither willful nor wanton and only due to the aforesaid reasons. Therefore, he filed this petition to condone the delay in filing the above second appeal.
- On seeing the facts, it reveals that due to the delay in obtaining certified copies of judgment and decree and due to illness and also due to lack of communication, the petitioner not able to contact his counsel and
Issues for consideration
1 issue framed by the court
Whether to condone the delay of 432 days in filing the second appeal.
Parties & counsel
- other
JUDGES DO NOT INCLUDE INFORMATION ABOUT PARTIES
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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