This court condoned a delay of 700 days in filing a second appeal, accepting explanations of Covid-19 impact, advanced age, and illness. The petitioner was directed to pay Rs. 4000 costs to the respondent counsel within a week.
Condonation of delay in filing second appeal; direction to pay costs of Rs. 4000 to respondent's counsel within one week.
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C.M.P. No. 25619 of 2024 in S.A.SR.No.58703 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2024
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
CMP NO. 25619 of 2024 AND
SA SR NO. 58703 OF 2024
Dhanalakshmi and another
Appellant(s)
Vs
N.Venkatachalam and another
Respondent(s)
For Appellant(s): Mr. P.Tamilavel For Respondent(s):
Mr. A.Ram Kumar For R1 R2 - No Such Person
ORDER
This Civil Miscellaneous Petition has been filed seeking to condone the delay of 700 days in filing the above Second Appeal against the judgment and decree dated 17.03.2021 passed in A.S.No.18 of 2017, on the file of II Addl. District Judge, Tiruppur partly confirming the judgment and decree passed in O.S.No.467 of 2007 dated 24.09.2016 on the file of Principal Subordinate Judge, Tiruppur.
C.M.P. No. 25619 of 2024 in S.A.SR.No.58703 of 2024
the certified copy of judgment and decree was not available, the same was obtained on 27.09.2021, however, Covid-19 pandemic situation arose and the 1st petitioner also affected with Covid-19. He would submit that since she was 70 year old senior citizen, she was not able to mobilise fund and not able to come to Chennai and engage a counsel for filing the Second Appeal. Only during the last week of September 2024, she handed over papers to counsel on record, but after making it ready the appeal papers, by oversight he was not able to file the same within time and the second appeal was filed on 17.10.2016. Hence, there is a delay of 700 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.
3.Mr. A.Ram Kumar, learned counsel for 1st respondent raised strong
objections stating that to drag on the proceedings, they have filed this petition.
C.M.P. No. 25619 of 2024 in S.A.SR.No.58703 of 2024
18.12.2024
rpp
N.B. : Issue order copy on 26.12.2024
C.M.P. No. 25619 of 2024 in S.A.SR.No.58703 of 2024
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 25619 of 2024 in S.A.SR. No. 58703 of 2024
18.12.2024
2 issues framed by the court
Whether the delay of 700 days in filing the second appeal can be condoned.
Whether the grounds of Covid-19, old age, and health issues justify condonation of delay.
Dhanalakshmi
another
N.Venkatachalam
another
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
