A.Anandhi v. v.Shanmugasundaram
Case brief
What is this about?
The High Court condoned a 12-day delay in filing a Second Appeal against a judgment and decree of a Principal District Judge. The court found the reasons for the delay justifiable and directed the registry to number the appeal.
What did the court decide?
Petition for condonation of delay in filing Second Appeal allowed; Registry directed to number the Second Appeal.
What the court decided
C.M.P. No. 3507 of 2024
in
S.A.SR.No.6791 of 2024
C.M.P. No. 3507 of 2024 in S.A.SR.No.6791 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 12 days in filing the above Second Appeal against the judgment and decree dated 31.08.2023 passed in A.S.No.110 of 2019, on the file of Principal District Judge at Erode confirming the judgment and decree passed in O.S.No.163 of 2012 dated 30.07.2019 on the file of Principal Sub-Judge, Erode.
- Mr.B.Singaravelu, learned counsel for appellant submitted that the certified copies of judgment and decree passed in A.S.No. 110 of 2019 was made ready and delivered on 31.10.2023 and after receiving the papers from the lower counsel, during the second week of January 2024, he gave instructions to file the Second Appeal. However, there is a delay of 12 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.
- Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the Second Appeal if it is otherwise found to be in order.
Issues for consideration
1 issue framed by the court
Whether the delay of 12 days in filing the Second Appeal should be condoned.
Parties & counsel
- applicant
T.V. THAMILSELVI
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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