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R.Poovathal v. the Executive Officer

Madras HC7 Mar 2025CMP/5431/2025

Case brief

AI extract

What is this about?

Delay condonation; condonation of delay 67 days; CMP No. 5431 of 2025; SA SR No. 124624 of 2024; Madras High Court; T.V.ThamilSelvi; Second Appeal; A.S.No.46 of 2023; IV Addl. Subordinate Judge Coimbatore; O.S.No.62 of 2021; I Addl. District Munsif Court Coimbatore; R.Poovathal; Executive Officer Veerapandi Town Panchayat; Tahsildar Coimbatore North; District Collector Coimbatore; sufficient cause; affidavit justification; posted 07.04.2025; S.Thangavel; R.Siddharth Addl. Govt. Pleader.

What did the court decide?

Delay of 67 days in filing the Second Appeal condoned; Registry directed to number the Second Appeal if otherwise found to be in order and post the matter on 07.04.2025; appellant's counsel directed to serve typed set of papers on the learned Addl. Govt. Pleader for respondents. ¶25

R.Poovathal Vs the Executive Officer — Madras HC (2025) — LawSathi Research

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CMP No. 5431 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07-03-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP No. 5431 of 2025 and

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SA SR No. 124624 of 2024

R.Poovathal

Appellant(s)

The Executive Officer Office of Veerapandi Town Panchayar, No.4, Veerapandi Town Panchayat, Coimbatore-641605 and 2 others

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Respondent(s)

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PRAYER

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To condone the delay of 67 days in filing the above appeal

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For Appellant(s): Mr. S.Thangavel For Respondent(s): Mr. R.Siddharth, Addl. Govt. Pleader for R1 to R3

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

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CMP No. 5431 of 2025

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ORDER

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This Civil Miscellaneous Petition has been filed seeking to condone the delay of 67 days in filing the above Second Appeal against the judgment and decree dated 29.02.2024 passed in A.S.No.46 of 2023, on the file of IV Addl. Subordinate Judge at Coimbatore confirming the judgment and decree passed in O.S.No.62 of 2021 dated 26.07.2022 on the file of I Addl. District Munsif Court, Coimbatore.

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Mr.S.Thangavel, learned counsel for appellant submitted that as the papers in connection with Appeal Suit in A.S.No. 46 of 2023 was not available, the same was obtained and thereafter, due to insufficient funds, the appellant was not able to come to Chennai and to engage her counsel. Only during the first week of September 2024, she gave instructions to file the Second Appeal. However, there is a delay of 67 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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The learned Addl. Government Pleader for respondents 1 to 3 appeared and raised formal objections in allowing this petition.

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

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CMP No. 5431 of 2025

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Considering the facts and circumstances, and the reasons stated by the

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petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. 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. The learned counsel for appellant is directed to serve typed set of papers on the learned Addl. Govt. Pleader for respondents.

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07-03-2025

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rpp

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

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