Mohammed Rafi v. Mohammed Kaseem

Madras HC5 Mar 2025CMP/999/2025

Case brief

AI extract

What is this about?

Condonation of delay; 152 days; Second Appeal; Madras High Court; T.V.Thamilselvi J.; CMP No. 999 of 2025; SA SR No.160622 of 2024; Mohammed Rafi v. Mohammed Kaseem and others; A.S.No.44 of 2022; Additional District Judge Dharmapuri; O.S.No.257 of 2014; Principal Subordinate Judge Dharmapuri; lack of communication; sufficient cause; multiplicity of proceedings; conditional condonation; costs Rs.1000/- each, Rs.2000/- total; posted 26.03.2025.

What did the court decide?

Condonation of the 152-day delay in filing the Second Appeal, on condition that the petitioner pays costs of Rs.1000/- each (total Rs.2000/-) to learned counsel for respondents 7 to 12, 14 to 16 and respondents 3 to 6 within two weeks of receipt of the order copy; Registry to number the Second Appeal if otherwise in order and post the matter on 26.03.2025. ¶¶23

Mohammed Rafi Vs Mohammed Kaseem — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 152 days in filing the Second Appeal (SA SR No.160622 of 2024) against the judgment and decree in A.S.No.44 of 2022 should be condoned, i.e., whether the delay was willful/wanton or supported by sufficient cause.

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Court's answer

The affidavit explanation that the delay arose from lack of communication after the certified copy was made ready is justifiable; to avoid multiplicity of proceedings the court allows the condonation of the 152-day delay, conditional on payment of costs of Rs.1000/- each (total Rs.2000/-) to the two respondents' counsel within two weeks.

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Ratio / Principle

Registry is directed to number the Second Appeal if it is otherwise found to be in order and to post the matter on 26.03.2025.

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Detailed headnote1 paragraphs

Madras High Court (T.V.Thamilselvi J.), order dated 05-03-2025 in CMP No. 999 of 2025 in SA SR No.160622 of 2024: Petition to condone a 152-day delay in filing a Second Appeal against the judgment and decree dated 07.03.2024 in A.S.No.44 of 2022, Additional District Judge, Dharmapuri, which confirmed the judgment and decree dated 29.10.2021 in O.S.No.257 of 2014, Principal Subordinate Judge, Dharmapuri. The delay was attributed to lack of communication after the certified copy became ready on 06.06.2024; the explanation was held justifiable and, to avoid multiplicity of proceedings, the delay was condoned on condition that the petitioner pays Rs.1000/- each (total Rs.2000/-) to counsel for respondents 7-12, 14-16 and 3-6 within two weeks; Registry directed to number the Second Appeal if otherwise in order; matter posted to 26.03.2025.

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CMP No. 999 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-03-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP No. 999 of 2025 in

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SA SR No.160622 of 2024

Mohammed Rafi

Appellant(s)

Mohammed Kaseem A.ABDUL GAFFER (DECEASED) ASHRAFUNNISSA @ SHARDHAR BEGUM (DECEASED) and 16 others

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Respondent(s)

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PRAYER

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To condone the delay of 152 days in filing the appeal against the Judgment and Decree dated 07.03.2024 made in A.S.No. 44 of 2022 on the file of Additional District Judge, Dharmapuri confirming the Judgment and Decree dated 29.10.2021 in O.S.No. 257 of 2014 on the file of the Principal Subordinate Judge, Dharmapuri.

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

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For Appellant(s): Mr. A.V. Arun For Respondent(s): M/s P.M.Jayachandran for Rr 7 To R12 And R14 to R16 Mr K. Ganesan for R3 To R6 RR 1, 2, 13 and 17 - Service Awaited

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CMP No. 999 of 2025

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ORDER

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This Civil Miscellaneous Petition has been filed seeking to condone the delay of 152 days in filing the above Second Appeal against the judgment and decree dated 07.03.2014 passed in A.S.No.44 of 2022, on the file of Addl. District Judge at Dharmapuri confirming the judgment and decree passed in O.S.No.257 of 2014 dated 29.10.2021 on the file of Principal Sub-Judge, Dharmapuri.

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Mr.A.V.Arun, learned counsel for appellant submitted that as the certified copy of judgment and decree passed in Appeal Suit in A.S.No. 44 of 2022 was made ready on 06.06.2024 and thereafter, due to lack of communication, the appellant was not able to come to Chennai and to engage his counsel. Only during the first week of July 2024, he gave instructions to file the Second Appeal. However, there is a delay of 152 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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Mr. P.M.Jayachandran, learned counsel for respondents 7 to 12, 14 to 16 and Mr.K.Ganesan, learned counsel for Respondents 3 to 6 have appeared and raised strong objections stating that no sufficient cause stated for the delay. 4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit stating that due to lack of communication, it was not filed within time, which seems to be justifiable one and the fact that to avoid multiplicity of proceedings, this court is inclined to allow this petition on https://www.mhc.tn.gov.in/judis

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CMP No. 999 of 2025

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condition that the petitioner shall pay a cost of Rs.1000/- each (totally a sum of Rs.2000/-) payable to the learned counsel for respondents 7 to 12, 14 to 16 and learned counsel for respondents 3 to 6 respectively within a period of two weeks from the date of receipt of copy of this order. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 26.03.2025.

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05-03-2025

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rpp

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

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N.B. : Issue order copy on 13.03.2025

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