Delay condonation petition seeking to excuse 137 days' delay in representing a second appeal. The petitioner explained the appeal papers were misplaced after being returned for rectification of defects and later traced. The court accepted the explanation and condoned the delay.
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C.M.P.No. 24361 of 2024 in S.A. SR.No. 58703 of 2024
C.M.P.No.24361 of 2024 in S.A.SR.No. 58703 of 2024
T.V. THAMILSELVI, J.
Challenging the judgment and decree passed in A.S.No.18 of 2017, the petitioner preferred the above Second Appeal, however there is a delay of 137 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.
above Second Appeal was returned for rectifying certain defects on 07.05.2024, however, the paper was misplaced with other bundles and it could not be traced immediately. Thereafter, after due search, it was traced out, however, there is a delay of 137 days arose in representing the above second appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.
C.M.P.No.24361 of 2024 in S.A.SR.No. 58703 of 2024
reasons stated by the petitioner in the affidavit that the bundle was misplaced and so, to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on
13.11.2024.
05.11.2024
rpp
C.M.P.No.24361 of 2024 in S.A.SR.No. 58703 of 2024
T.V. THAMILSELVI, J.
rpp
C.M.P.No. 24361 of 2024 in S.A. SR.No. 58703 of 2024
05.11.2024
1 issue framed by the court
Whether the delay of 137 days in re-presenting the second appeal, caused by misplacement of the paper bundle, should be condoned.
Petitioner in C.M.P.No.24361 of 2024
T.V. Thamilselvi
As recorded by the court registry
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