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Madras High CourtCMP/3507/2024ordered

A.Anandhi v. V.Shanmugasundaram

2024-11-25Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P. No. 3507 of 2024 in S.A.SR.No.6791 of 2024 C.M.P. No. 3507 of 2024 in S.A.SR.No.6791 of 2024 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 12 days in filing the above Second Appeal against the judgment and decree dated 31.08.2023 passed in A.S.No.110 of 2019, on the file of Principal District Judge at Erode confirming the judgment and decree passed in O.S.No.163 of 2012 dated 30.07.2019 on the file of Principal Sub-Judge, Erode.

2. Mr.B.Singaravelu, learned counsel for appellant submitted that the certified copies of judgment and decree passed in A.S.No. 110 of 2019 was made ready and delivered on 31.10.2023 and after receiving the papers from the lower counsel, during the second week of January 2024, he gave instructions to file the Second Appeal. However, there is a delay of 12 days in filing the above second appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above second appeal.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, 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. 25.11.2024 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 3507 of 2024 in S.A.SR.No.6791 of 2024 T.V.THAMILSELVI, J.

rpp C.M.P.No. 3507 of 2024 in S.A.SR.. No. 6791 of 2024 25.11.2024 https://www.mhc.tn.gov.in/judis