A.Venkatesan(Died)1.Shanthi v. R.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI AND SA SR NO. 2149 OF 2024 A.VENKATESAN(DIED)1.Shanthi NO.1/112, Gandhiyar St, (Ner Kulam), Mullipattu Post, Arni Tk, Thiruvannamalai Dist.

Appellant(s) Vs R.Kumar S/o.Ramachandran, NO.36, Sathyamoorthy Road, Arni Town, Thiruvannamalai Dist.

Respondent(s) SA SR No. 2149 of 2024 A.Venkatesan(died) Appellant(s) Vs R.Kumar Respondent(s) For Appellant(s):

J. Dev Eshwaar For Respondent(s):

ORDER

This petition has been filed to condone the delay of 40 days in filing the second appeal against the judgment and decree dated 27.04. 2023 passed in A.S No. 3 of 2022 on the file of Additional District and Sessions Judge (FTC), Arni reversing the judgment and decree dated 27.10.2021 passed in O.S No. 33 of 2012 on the file of the Sub Judge, Arni.

2. The learned counsel for the petitioners submit that the petitioners are legal heirs of the original defendant, who died intestate while pending proceedings, due to the lack of communication between the petitioners and their counsel there was a delay in filing the appeal on time. Hence, he prays to allow this petition.

3. Considering the facts and circumstances, the reason assigned by the petitioner is justifiable one. Accordingly, this Court is inclined to allow this petition. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 18.03.2025. 28-02-2025 pbl

To 1.R.Kumar S/o.Ramachandran, NO.36, Sathyamoorthy Road, Arni Town, Thiruvannamalai Dist.

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

T.V.THAMILSELVI J.

pbl AND SA SR NO. 2149 OF 28-02-2025