Perumal v. Rengasamy
Case brief
What is this about?
Petition to condone a 62-day delay in filing a second appeal against a judgment partly allowing a first appeal in a suit. The first respondent raised no objection; delay was condoned and the appeal was directed to be numbered and listed.
What did the court decide?
Delay of 62 days condoned; Registry directed to number the second appeal if otherwise in order.
What the court decided
C.M.P.(MD) No.16328 of 2025 in S.A.(MD)SR.No.79967 of 2025
K.MURALI SHANKAR,J.
The petition has been filed seeking orders to condone the delay of 62 days in filing the second appeal, challenging the judgment and decree passed in A.S.No.12 of 2012 dated 28.03.2025 on the file of Additional District and Sessions Court, Periyakulam, partly allowing the judgment and decree made in O.S.No.21 of 2008 dated 08.02.2012 on the file of Subordinate Court, Uthamapalayam.
- Despite receipt of notice, the second respondent has not turned up.
- Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent.
- The learned counsel appearing for the first respondent would submit that they are not having any objections to condone the delay.
- Considering the reasons assigned and also the quantum of delay, this Court is inclined to condone the delay. Accordingly, this petition is ordered and the Registry is directed to number the second appeal, if it is otherwise in order and list it for admission in the usual course.
09.12.2025
csm
Issues for consideration
1 issue framed by the court
Whether the 62-day delay in filing the second appeal should be condoned?
Parties & counsel
- petitioner
Petitioner
- respondent
First respondent
- respondent
Second respondent
Coram
Case details
As recorded by the court registry
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