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Palaniswamy v. Selvi

Madras HC29 Jan 2025CMP/15935/2024

Case brief

AI extract

What is this about?

Condonation of delay; 750 days' delay; second appeal; Madras High Court; death of first appellate court counsel; lack of communication; notice in final decree proceedings; conditional condonation subject to costs Rs.3000/-; multiplicity of proceedings; Palaniswamy v. Selvi and 7 Others; C.M.P. No.15935 of 2024; S.A.SR No. 66570 of 2024; A.S.No.29 of 2018 (I Addl. District and Sessions Court, Salem); O.S.No.34 of 2011 (District Munsif Court, Attur); T.V.Thamilselvi, J.; order dated 29-01-2025; posted to 06.02.2025.

What did the court decide?

Condonation of 750 days' delay in filing the Second Appeal, on payment of Rs.3000/- as cost to the learned counsel for the first respondent (paid in open court); Registry to number the Second Appeal if otherwise in order and post the matter on 06.02.2025. ¶31

Palaniswamy Vs Selvi — Madras HC (2025) — LawSathi Research

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C.M.P. No.15935 of 2024 in S.A.SR No. 66570 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-01-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP NO. 15935 of 2024 AND

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SA SR NO. 66570 OF 2024

PALANISWAMY

Appellant(s) Vs

SELVI and 7 Others

Respondent(s)

For Appellant(s):

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Mr.T.R.Rajaraman

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For Respondent(s):

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Mr.P.Navaneetha Krishnan for R1

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No appearance – R2 to R8

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ORDER

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This Civil Miscellaneous Petition has been filed seeking to condone

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the delay of 750 days in filing the above Second Appeal against the judgment and decree dated 25.10.2019 passed in A.S.No.29 of 2018, on the

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1/4

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

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C.M.P. No.15935 of 2024 in S.A.SR No. 66570 of 2024

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file of I Addl. District and Sessions Court at Salem reversing the judgment and decree passed in O.S.No.34 of 2011 dated 02.06.2017 on the file of District Munsif Court, Attur.

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Mr.T.Rajaraman, learned counsel for petitioner submitted that due to the death of first appellate court counsel, there is lack of communication. Hence, the petitioner is not able to file this appeal within a stipulated time. Only after receipt of notice in the final decree proceedings, he came to know that the appeal suit was dismissed. Hence, there is a delay of 750 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.

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Mr.P.Navaneetha Krishnan, learned counsel for 1^st respondent

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appeared and raised strong objections stating that in order to evade the proceedings, he has came forward with this Second Appeal.

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Considering the facts and circumstances, and the reasons stated by

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the petitioner in the affidavit stating that due to the death of earlier counsel

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2/4

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

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C.M.P. No.15935 of 2024 in S.A.SR No. 66570 of 2024

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appeared in the appeal suit, the Second Appeal was not filed in time 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

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shall pay a cost of Rs.3000/- payable to the learned counsel for 1^st respondent and the cost was paid by the learned counsel for petitioner in open court to him.

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