Allowed¶24

Ramani Kannan v. K.Balasubramaniam (DIED)1.Rajeswari

Madras HC18 Mar 2025CMP/1011/2024

Case brief

AI extract

What is this about?

Condonation of delay; 223 days; Second Appeal; Madras High Court; CMP No. 1011 of 2024; SA SR No. 128115 of 2023; S. Surender v. Ramani Kannan; A.S.No.17 of 2015 Principal Sub-Court Ponneri; O.S.No.69 of 2011 District Munsif Court Ponneri; appellant abroad; sufficient cause; cost Rs.2000/-; listing 07.04.2025; Justice T.V. Thamilselvi; order dated 18-03-2025.

What did the court decide?

Delay of 223 days in filing the Second Appeal condoned, conditional on payment of Rs.2000/- as cost to the learned counsel representing the legal heirs of the deceased 1st respondent within two weeks from receipt of copy of the order; on such deposit, Registry to number the Second Appeal if otherwise in order and post the matter on 07.04.2025. ¶24

Ramani Kannan Vs K.Balasubramaniam (DIED)1.Rajeswari — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the delay of 223 days in filing the Second Appeal should be condoned.

¶16

Ratio / Principle

The affidavit explanation that the appellant was abroad and therefore could not file the Second Appeal within the stipulated time was accepted as justifiable; to avoid multiplicity of proceedings and to give one more opportunity, the court was inclined to allow the petition, subject to conditions.

¶24

Key takeaways

The allowance was made conditional on payment of a cost of Rs.2000/- to the learned counsel representing the legal heirs of the deceased 1st respondent within two weeks; on such deposit, the Registry was directed to number the Second Appeal if otherwise found in order and post the matter on 07.04.2025.ratio¶24

Detailed headnote1 paragraphs

Madras High Court (T.V. Thamilselvi J.), by order dated 18-03-2025 in CMP No. 1011 of 2024 in SA SR No. 128115 of 2023 (S. Surender and another v. Ramani Kannan and another), allowed a petition to condone a 223-day delay in filing a Second Appeal against the judgment and decree dated 24.11.2022 in A.S.No.17 of 2015 (Principal Sub-Court, Ponneri), which had confirmed the judgment and decree dated 28.10.2015 in O.S.No.69 of 2011 (District Munsif Court, Ponneri). Accepting the affidavit explanation that the appellant had gone abroad and could not engage counsel, returning only in the first week of October 2023, and to avoid multiplicity of proceedings and give one more opportunity, the court condoned the delay on condition that the petitioner pay Rs.2000/- as cost to the learned counsel representing the legal heirs of the deceased first respondent within two weeks; on such deposit, the Registry was directed to number the Second Appeal if otherwise in order and post the matter on 07.04.2025.

¶1

CMP No. 1011 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 18-03-2025

¶4

CORAM

¶5

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

¶6

CMP No. 1011 of 2024

¶7

¶8

SA SR NO. 128115 OF 2023

S.Surender

AND ANOTHER

Appellant(s)

Ramani Kannan AND ANOTHER

¶14

Respondent(s)

¶15

PRAYER

¶16

To condone the delay of 223 days in filing this Second Appeal.

¶17

For Appellant(s): Mr.P.Subba Reddy

¶18

ORDER

¶19

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 223 days in filing the above Second Appeal against the judgment and decree dated 24.11.2022 passed in A.S.No.17 of 2015, on the file of Principal Sub-Court at Ponneri confirming the judgment and decree passed in O.S.No.69 of 2011 dated 28.10.2015 on the file of District Munsif Court, Ponneri.

¶20

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

¶21

CMP No. 1011 of 2024

¶22

Mr.P.Subba Reddy, learned counsel for petitioner submitted that as the appellant went to abroad, he was not able to engage a counsel for filing the Second Appeal within a stipulated time. Only during the first week of October 2023, he returned from abroad and handed over papers to counsel. However, there is a delay of 223 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.

¶23

Mr.K.Balasubramanian, learned counsel representing legal heirs of 1st respondent appeared and raised strong objections stating that no sufficient cause stated for the delay.

¶24

Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit stating that since the appellant went abroad, he was not able to file the Second Appeal within a stipulated time, which seems to be justifiable one and to avoid multiplicity of proceedings as well as to give one more opportunity, this court is inclined to allow this petition on condition that the petitioner shall pay a cost of Rs.2000/- payable to the learned counsel representing legal heirs of deceased 1st respondent within a period of two weeks from the date of receipt of copy of this order. On such deposit, Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 07.04.2025.

¶25

18-03-2025

¶26