condonation of delay; 38 days; second appeal; S.A. Sr. No.73842 of 2025; CMP No.28414 of 2025; affidavit; old age; ill health; Registry to number appeal; list for admission; S.SOUNTHAR, J.; decision date 06.03.2026.
Condonation of the 38-day delay in filing the second appeal; Registry directed to number the second appeal if otherwise in order and list it for admission. ¶¶6
Considering the length of delay and the reasons assigned in the affidavit, the delay of 38 days in filing the second appeal is condoned. ¶¶5
CMP No.28414 of 2025 in S.A. Sr. No.73842 of 2025
S.SOUNTHAR, J.
Heard the counsel for the appellant and the respondent.
In the affidavit filed in support of the petition, it is stated by the petitioner that due to his old age and ill health, he could not prefer the second appeal in time.
Taking into consideration the length of delay and the reasons assigned in the affidavit filed in support of the petitioner, the delay of 38 days in filing the second appeal is condoned.
Registry is directed to number the second appeal if it is otherwise in order and list the same for admission.
06.03.2026
MST
1 issue framed by the court
Whether the delay of 38 days in filing the second appeal should be condoned, taking into account its length and the reasons assigned in the supporting affidavit.¶¶5
How this case reached the court
Second appeal S.A. Sr. No.73842 of 2025 was filed beyond time; CMP No.28414 of 2025 was filed therein seeking condonation of the delay.¶¶1
Affidavit filed in support of the condonation petition attributed the failure to file the second appeal in time to the petitioner's old age and ill health.¶¶4
S.SOUNTHARauthor¶¶2
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
