Gnanamurthy v. Lakshmi

C.M.P. No. 239 of 2022 in S.A. No. 985 of 2014 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 22 days in filing the application to set aside the order of dismissal stating the reason that the sole appellant died on 17.09.2020 during the Covid-19 pandemic period, as she was not able to take steps, the Second Appeal was dismissed as abated. Immediately, she has filed the petition to restore the second appeal and found that there is a delay of 22 days. Hence, she has filed this petition to condone the delay.

2. The learned counsel for respondent has raised serious objections but admits that during covid-19 pandemic, sole appellant died.

3. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to condone delay of 22 days, this Court is inclined to allow this petition and to restore the second appeal.

15.06.2022 rpp

T.V.THAMILSELVI, J.

rpp C.M.P. No. 239 of 2022 in S.A.No. 985 of 2014 15.06.2022