Parvathi v. R. Anitha
Case brief
What is this about?
Delay of 212 days in filing a second appeal against reversal of a dismissed suit for declaration and permanent injunction was sought to be condoned on grounds of family calamities after Covid. The court found sufficient reasons and an arguable case, and condoned the delay.
What the court decided
C.M.P.No. 26 of 2024
C.M.P.No. 26 of 2024 in S.A. Sr. No. 82569 of 2023
P.T.ASHA, J.
The above petition is filed to condone the delay of 212 days in filing the Second Appeal.
- The first appeal against which the above Second Appeal
arises had been pronounced on 25.08.2022. The petitioners would submit that they had suffered serious calamity in their family on account of the Covid pandemic, further there was delay in obtaining papers from the Trial Court lawyer and engaging services of the counsel before this Court.
- A counter has been filed inter alia denying the allegations set out for the delay. The respondent would submit that the Judgement and Decree had been pronounced post Covid and
C.M.P.No. 26 of 2024
therefore the reasons given appears to be false.
Issues for consideration
1 issue framed by the court
Should the 212-day delay in filing the second appeal be condoned on grounds of post-Covid family calamities?
Parties & counsel
- petitioner
Petitioners (applicants in C.M.P.No. 26 of 2024)
- respondent
Respondent
Coram
P.T.ASHA
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court