The High Court allowed an application for condonation of delay of 192 days in restoring a Second Appeal. The condonation was granted subject to payment of Rs. 2,000 to the respondent counsel by a specified date.
Application allowed on condition to pay Rs. 2,000 to respondent counsel.
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CMP NO. 21935 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-01-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
CMP No. 21935 of 2022
in S.A.No.631 of 2004
Rani Ammal
D/o.Chennakesavan, Old NO.41B, New No.54, Thirupukkoodal Street, Big Kancheepuram.
Appellant(s)
Vs
C.P.Manivannan S/O V.M.Padmanaba Nayakar , 119 Vellalar Street, Purasaivakkam Chennai and 9 Others
Respondent(s)
For Appellant(s):
P.Dinesh Kumar Mahamandra Rajalakshmi M.Abbiraami
For Respondent(s):
D.Aravindan for R1 to R8
ORDER
The instant application has been filed to condone the delay of 192 days in filing the
connected application for restoration of the Second Appeal.
2. There was a delay of 192 days. The reason for delay is the ailment of his previous
counsel.
3. The learned counsel for the respondents is present and has strongly objected the
application.
4. However, considering the submissions made by the learned counsel for the petitioner
appropriate to allow this application.
5. In the result, this application is allowed on condition to pay a sum of Rs.2,000/-
(Rupees Two Thousand only) to the counsel for the respondents on or before
07.02.2024, failing which the application will automatically stand dismissed without
any further reference to the order of this Court.
07-01-2025
dsa
To
S/O V.M.Padmanaba Nayakar , 119 Vellalar Street, Purasaivakkam Chennai
W/O Thiyagaraja Nayakar 77 Salai St Kanchipuram
S/O Rajabadhar Nayakar No.40 Pandavaperumal Koil St Kanchipuram
D/O Rajabadhar Nayakar 40 Pandavaperumal Koil St Kanchipuram
D/O Rajabadhar Nayakar No.77 Salai St Kanchipuram
S/O Rajabadhar Nayakar No.40 Pandavaperumal Koil St Kanchipuram
D/O Rajabadhar Nayakar No.40 Pandavaperumal Koil St Kanchipuram
9. Chandrammal (died)
W/O Chennakesavan 54 Thiruppakudal Street, Kanchipuram (Plaintiff and 10th respondent being legal representative already on record)
10. Shantha
w/o Pachaiyappan, New No.40 Old 101, Vethalai kara St, Walaja pettai, Vellore District
1 issue framed by the court
Whether the delay of 192 days in restoring the connected Second Appeal should be condoned.
Rani Ammal
C.P.Manivannan
C.P.Pattabiraman
Vasantha Ammal
Ravi Prasath
Meerabai
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
