Kannammal (Died) v. Somala Naicker (Died)

CMP No.3437 of 2023 in SA Sr No.74644 of 20222 CMP No.3437 of 2023 in SA Sr No.74644 of 2022 S.SOUNTHAR, J.

This petition has been filed to condone the delay of 929 days in filing the second appeal.

2. In the affidavit filed in support of the petition, it was stated by the petitioners that though the first appeal was disposed of on 30.08.2019, they acquired knowledge about the same only in the month of October 2021, when the petitioners met their counsel, during Covid pandemic. After verification from the court, it was found that due to inadvertent error, the advocate clerk did not file copy application. Immediately on instruction given by the petitioners, copy application was filed on 15.12.2021 and the copies were made ready on 04.01.2022. When the petitioners made preparation for filing the second appeal, it came to their knowledge that copy application for judgment and decree of the trial court was not applied. Again it was applied on 13.05.2022 and the same was made ready on 13.05.2022 itself. Thereafter, the second appeal has been filed on 15.06.2022.

3. Having satisfied with the reasons assigned in the affidavit filed along with the petition, this court is inclined to condone the delay.

4. Accordingly, this civil miscellaneous petition is allowed. The Registry is directed to number the second appeal, if it is otherwise in order and list the same for admission.

MST 30.04.2026 https://www.mhc.tn.gov.in/judis

CMP No.3437 of 2023 in SA Sr No.74644 of 20222 S.SOUNTHAR, J.

MST CMP No.3437 of 2023 in SA Sr No.74644 of 2022 30.04.2026 https://www.mhc.tn.gov.in/judis