The High Court allowed a civil miscellaneous petition seeking condonation of a 109-day delay in filing a second appeal. The appellant justified the delay due to the unavailability of the certified court order. The court accepted the explanation as justifiable.
Impleaded Second Appeal permitted to be numbered and posted for hearing despite delay.
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CMP. 25318 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2024
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
CMP. 25318 of 2024
in
SA.SR 110820 of 2024
PALANISAMY AND 3 OTHERS
APPELLANT(S)
Vs
AYYANNAN AND ANOTHER
RESPONDENT(S)
For Appellant(s): Mr. V.SEKAR For Respondent(s):
Mr. R.EZHILARASAN FOR RR 1 & 2
ORDER
This Civil Miscellaneous Petition has been filed seeking to condone the delay of 109 days in filing the above Second Appeal against the judgment and decree dated 25.08.2023 passed in A.S.No.1 of 2016, on the file of Sub-Court at Sankari confirming the judgment and decree passed in O.S.No.274 of 2012 dated 25.03.2015 on the file of District Munsif Court, Sankari.
11-12-2024
RPP
1 issue framed by the court
Whether the delay of 109 days in filing the second appeal is condonable since the certified copy of the impugned judgment was misplaced and found later.
2 provisions across 2 enactments
PALANISAMY AND 3 OTHERS
AYYANNAN AND ANOTHER
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
