Allowed¶30

Zakaullah v. Mahroon

Madras HC13 Mar 2025CMP/2135/2025

Case brief

AI extract

What is this about?

Condonation of delay - 1838 days - Madras High Court - CMP NO. 2135 of 2025 in SA.SR.No.74617 of 2024 - delay condoned subject to costs of Rs.2,000/- payable to contesting respondents 1 to 5 by 27.03.2025 - Second Appeal to be numbered and listed 27.03.2025 - first appellate judgement dated 27.03.2019 - COVID-19 pandemic cited as cause of delay - T.V.Thamilselvi, J.

What did the court decide?

Condonation of the delay of 1838 days in filing SA.SR.No.74617 of 2024, subject to payment of Rs.2,000/- costs to the contesting respondents 1 to 5 on or before 27.03.2025; Registry directed to number and list the Second Appeal, if otherwise in order, on 27.03.2025. ¶30

Zakaullah Vs Mahroon — Madras HC (2025) — LawSathi Research

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CMP NO. 2135 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP NO. 2135 of 2025

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SA.SR.No.74617 of 2024

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ZAKAULLAH S/o. Abdul Subby, Kandal, Ootacamund, The Nilgiris.

Appellant(s)

MAHROON

W/o. Late Mohammed Yousuff, Res. at Thoppan line, Finger Post, Ootacamund, The Nilgiris. and 4 Others

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Respondent(s)

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For Appellant(s): A.Thiyagarajan

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For Respondent(s):

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M/s R Suryakumaran For Rr1 To 5

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ORDER

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This Petition has been filed to condone the delay of 1838 days in filling above SA.SR.No.74617 of 2024.

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Heard the learned counsel for the appellant and learned counsel for

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

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the respondents. The material available on record has been perused.

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The Learned Counsel for the appellant submitted that the first appellate Court passed its judgement on 27.03.2019. However, due to covid19 pandamic, the appellant was unable to obtain copies of the order in time. Accordingly due to a lack of communication, the appeal could not be filed within the prescribed period.

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The learned counsel for the respondents 1 to 5 strongly objected to the appellant's submission.

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To avoid further multiplicity of proceedings, this Court is inclined to condone the delay, subject to costs.

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The petitioner / appellant is directed to pay a sum of Rs.2,000/(Rupees Two thousand only) to the contesting respondents 1 to 5, on or before 27.03.2025. On such payment, the delay of 1838 days in filling the above SA.SR.No.74617 of 2024, stands condoned.

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

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Accordingly, this Civil Miscellaneous petition is allowed.

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Registry is directed to list the above Second Appeal after

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numbering the same, if they are otherwise in order, on 27.03.2025.

13-03-2025

rri

The Subordinate Judge, Udhagamandalam. 2.The District Munsif, Udhagamandalam.

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3.ZAKAULLAH S/o. Abdul Subby, Kandal, Ootacamund, The Nilgiris.

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T.V.THAMILSELVI, J.

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

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rri

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CMP NO. 2135 of 2025 in SA.SR.No.74617 of 2024

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13.03.2025

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

Zakaullah v. Mahroon

Case brief

What is this about?

What did the court decide?

Zakaullah v. Mahroon

Case brief

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What did the court decide?

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