A.Adhinarayanane v. Gunasekar
MADRAS HIGH COURT – Condonation of delay – C.M.P.No.690 of 2025 in S.A.SR.No.165859 of 2023
Case brief
What is this about?
Order dated 22.01.2025 of the High Court of Judicature at Madras (T.V. Thamilselvi, J.) in C.M.P.No.690 of 2025 in S.A.SR.No.165859 of 2023, between A.Adhinarayanane Vijayalakshmi (Died), D.Arikrishnane (Died) and 4 Others (Appellants/Petitioners, counsel Mr.N.Sivaprakash) and GUNASEKAR (Respondent). The Second Appeal challenging the judgment and decree in A.S.No.5 of 2020 had been returned for defect rectification on 03.01.2024; a 95-day delay in re-presentation was sought to be condoned on grounds of the petitioner's illness and inability to instruct counsel until 16.04.2024. Petition allowed; Registry to number the appeal if otherwise in order and list on 04.02.2025. Keywords: condonation of delay, sufficient cause, second appeal re-presentation, illness of litigant.
What did the court decide?
Delay of 95 days in representing the Second Appeal condoned; Registry to number the Second Appeal if otherwise found to be in order and post the matter on 04.02.2025.