This court allowed a Civil Miscellaneous Petition to condone a 1254-day delay in filing a Second Appeal, attributing the cause to a mistake by the trial court and the appellants' illness, subject to a cost payment.
Petitioner's prayer to condone 1254 days delay allowed on payment of Rs.3000/- to respondent's counsel.
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C.M.P. No. 6833 of 2024 in
S.A.SR.No.30674 of 2020
C.M.P. No. 6833 of 2024 in S.A.SR.No.30674 of 2020
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to condone the delay of 1254 days in filing the above Second Appeal against the judgment and decree dated 05.08.2019 passed in A.S.No.47 of 2013, on the file of II Addl. Subordinate Judge at Coimbatore confirming the judgment and decre passed in O.S.No.2114 of 2005 dated 14.08.2012 on the file of III Addl. District Munsif Court, Coimbatore.
submitted that as there is a mistake crept by the trial court, the petitioners are not able to get certified copies of judgment immediately and also due to illness, they were not able to contact their counsel to know about the status of the case and after recovery from the illness, contacted him and came to know that the appeal was dismissed and he advised them to file a second appeal. However, there is a delay of 1254 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.
C.M.P. No. 6833 of 2024 in S.A.SR.No.30674 of 2020
raised strong objections to allow this petition.
05.08.2024
rpp
C.M.P. No. 6833 of 2024 in S.A.SR.No.30674 of 2020
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 6833 of 2024
in S.A.SR.. No. 30674 of 2020
05.08.2024
C.M.P. No. 6833 of 2024 in S.A.SR.No.30674 of 2020
2 issues framed by the court
Whether the delay of 1254 days in filing the second appeal can be condoned.
Whether sufficient cause exists to excuse the delay arising from mistakes and illness.
Petitioners/Appellants
Respondent
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
