The court allowed the petition to condone a 653-day delay in filing a Second Appeal, attributing the delay to illness and the Covid pandemic. The condonation was granted on the condition that the petitioner pays Rs. 5000 as cost to the respondents' counsel within one week.
Delay in filing Second Appeal condoned on payment of Rs. 5000 cost to respondents' counsel.
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C.M.P. No. 7084 of 2024 in S.A.SR.No.34973 of 2024
C.M.P. No. 7084 of 2024 in S.A.SR.No.34973 of 2024
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to condone the delay of 653 days in filing the above Second Appeal against the judgment and decree dated 29.09.2021 passed in A.S.No.2 of 2020, on the file of Special Court No.1, Jayamkondam confirming the judgment and decree passed in O.S.No.95 of 2000 dated 20.04.2016 on the file of District Munsif Court, Jayamkondam.
C.M.P. No. 7084 of 2024 in S.A.SR.No.34973 of 2024
the petitioner in the affidavit stating that due to illness, he is not able to instruct his counsel to file the appeal in time and in order to give one opportunity, this court is inclined to allow this petition on condition that the petitioner shall pay a cost of Rs.5000/- payable to the learned counsel for respondents within a period of one week from the date of receipt of copy of this order. On such payment, Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 14.10.2024.
11.09.2024
rpp
C.M.P. No. 7084 of 2024 in S.A.SR.No.34973 of 2024
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 7084 of 2024 in S.A.SR. No. 34973 of 2024
11.09.2024
1 issue framed by the court
Whether the delay of 653 days in filing the Second Appeal against the judgment and decree dated 29.09.2021 should be condoned?
T.V. Thamilselvi
Respondents 1 and 2
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
