Allowed

Gnana Sundari (Died), 1.R.Ganapathi v. Munusamy REDDY(Died),1.Ekambaram

Madras HC2 Dec 2024CMP/27143/2024

Case brief

AI extract

What is this about?

This petition for condonation of delay (910 days) in preferring a second appeal was allowed on the ground of misplacement of the case bundle. The petitioner was directed to deposit ₹1,000 with the State Legal Services Authority before the second appeal could proceed.

What did the court decide?

Petition for condonation of delay allowed; directory to pay ₹1,000 to State Legal Services Authority; Second Appeal numbered and posted for hearing.

Gnana Sundari (Died), 1.R.Ganapathi Vs… — Civil Procedure and Limitation | Madras HC (2024)

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C.M.P.No. 27143 of 2024 in S.A. SR.No. 49299 of 2022

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C.M.P.No.27143 of 2024 in S.A.SR.No. 49299 of 2022

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T.V. THAMILSELVI, J.

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Challenging the judgment and decree passed in A.S.No.7 of 2012, the petitioner preferred the above Second Appeal, however there is a delay of 910 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.

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Mr.S.Udhaya Kumar, learned counsel for petitioner submitted that

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the above Second Appeal was returned for rectifying certain defects on 09.05.2022, 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 910 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.

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https://www.mhc.tn.gov.in/judis 1/3

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C.M.P.No.27143 of 2024 in S.A.SR.No. 49299 of 2022

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Considering the facts and circumstances and on considering the

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reasons stated by the petitioner in the affidavit that the bundle was misplaced, to give one more opportunity to the petitioner, this court is inclined to allow this petition on condition that the petitioner shall pay a cost of Rs.1000/- payable to the Tamil Nadu State Legal Services Authority, Chennai within a period of one week from the date of receipt of copy of this order and on such deposit, Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 11.12.2024.

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02.12.2024

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rpp

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N.B. : Issue order copy on 03.12.2024

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https://www.mhc.tn.gov.in/judis 2/3

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C.M.P.No.27143 of 2024 in S.A.SR.No. 49299 of 2022

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T.V. THAMILSELVI, J.

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rpp

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C.M.P.No. 27143 of 2024 in S.A. SR.No. 49299 of 2022

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02.12.2024

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https://www.mhc.tn.gov.in/judis 3/3

Gnana Sundari (Died), 1.R.Ganapathi v. Munusamy REDDY(Died),1.Ekambaram

Case brief

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Gnana Sundari (Died), 1.R.Ganapathi v. Munusamy REDDY(Died),1.Ekambaram

Case brief

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What did the court decide?

What the court decided

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