S.v.Shankar v. S.Premkumar
Case brief
What is this about?
Petition to condone a 43-day delay in filing a Second Appeal, attributed to business pre-occupation preventing contact with counsel. Respondent opposed citing prior delays and pending execution of a decree. Court found reasons genuine and condoned the delay.
What did the court decide?
Delay of 43 days in filing the Second Appeal condoned; Registry to number appeal if otherwise in order.
What the court decided
C.M.P. No. 4314 of 2024 in
S.A.Sr.No. 13063 of 2024
P.T.ASHA, J.
The above petition is filed to condone the delay of 43 days in
filing the above Second Appeal.
- The only reason given is that due to certain business pre-
occupation, the appellants were not able to get in touch with their counsel.
- The respondent has filed a counter inter alia contending
that delay has not only crept in this Second Appeal but even at the stage of First Appeal there was a delay of 1450 days. The conduct
of the appellants appear to be a ploy to prolong the proceedings.
Issues for consideration
1 issue framed by the court
Whether the 43-day delay in filing the Second Appeal should be condoned on the ground of business pre-occupation of the appellants.
Coram
P.T. Asha
Case details
As recorded by the court registry
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