Nallammal v. Rajeshwari
Case brief
What is this about?
The court condoned a delay of 53 days in filing a second appeal after the first respondent raised no objections. The second appeal was directed to be numbered and listed for admission.
What did the court decide?
Delay of 53 days in filing second appeal condoned; appeal directed to be numbered and listed for admission.
What the court decided
C.M.P.(MD) No.4077 of 2025 in S.A.(MD)SR.No.15629 of 2025
K.MURALI SHANKAR,J.
The petition has been filed seeking orders to condone the delay of 53 days in filing the second appeal, challenging the judgment and decree passed in A.S.No.29 of 2019 dated 11.09.2024 on the file of Principal District Court, Dindigul, confirming the judgment and decree made in O.S.No.191 of 2015 dated 28.02.2019 on the file of Subordinate Court, Vedasandhur.
- 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.
11.12.2025
csm
Issues for consideration
1 issue framed by the court
Whether the delay of 53 days in filing the second appeal is condonable?
Parties & counsel
- petitioner
K.Murali Shankar
- respondent
Second Respondent
- respondent
First Respondent
Coram
Case details
As recorded by the court registry
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