Allowed¶21

Abdul Munaff v. Papanna @ Chinna Muniappa

Madras HC22 Jan 2025CMP/591/2025

Case brief

AI extract

What is this about?

Condonation of delay; 813 days delay in representing second appeal; S.A.SR.No.48763 of 2022; C.M.P. No. 591 of 2025; A.S.No.5 of 2021; appeal returned for defects 29.04.2022; wrong decree date rectified; amended decree; Abdul Munaff; Papanna @ Chinna Muniappa; T.M.Hariharan; Madras High Court; T.V.Thamilselvi, J.; 22-01-2025.

What did the court decide?

Delay of 813 days in representing the Second Appeal condoned; Registry directed to number the Second Appeal if otherwise in order and post the matter on 28.01.2025. ¶21

Abdul Munaff Vs Papanna @ Chinna Muniappa — Madras HC (2025) — LawSathi Research

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C.M.P. No. 591 of 2025 in S.A.SR.No.48763 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-01-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP NO. 591 of 2025

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AND

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SA SR NO. 48763 OF 2022

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Abdul Munaff and another

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Appellant(s)

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Papanna @ Chinna Muniappa

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Respondent(s)

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For Appellant(s) :

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Mr.T.M.Hariharan

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ORDER

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Challenging the judgment and decree passed in A.S.No.5 of 2021, the petitioner preferred the above Second Appeal, however there is a delay of 813 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.

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Mr.T.M.Hariharan, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 29.04.2022. He would submit that as the date of decree was wrongly mentioned in the Appeal Suit, the same was rectified and thereafter, he instructed his counsel to represent the same. However, there is a delay of 813 days arose in representing the above second appeal and the said delay https://www.mhc.tn.gov.in/judis caused is neither willful nor wanton, but for the above said reasons.

¶19

C.M.P. No. 591 of 2025 in S.A.SR.No.48763 of 2022

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Accordingly, he has filed the above petition.

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Considering the facts and circumstances and on considering the reasons stated by the petitioner in the affidavit that due to delay in obtaining the amended decree in the Appeal Suit, it could not be represented within a stipulated time and to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 28.01.2025.

¶22

22.01.2025

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rpp

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

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C.M.P. No. 591 of 2025 in S.A.SR.No.48763 of 2022

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T.V.THAMILSELVI, J.

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rpp