P.Shoba v. C.Kannan

in A.S.SR.No. 39215 of 2017 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 422 days in representing the above appeal against the judgment and decree of learned Addl. City Civil Judge, Chennai in O.S.No.10551 of 2010 dated 27.02.2017.

2. Mr.K.Shanmugakani, learned counsel for appellants submitted that the 2nd petitioner filed an application for an injunction restraining the respondent from alienating the suit property and the office returned the paper to furnish boundaries of suit property, however, he was not able to get the boundaries of suit property. In view of the same, there is a delay of 422 days in representing the above appeal arose and the delay is neither willful nor wanton. Therefore, he filed this petition to condone the delay in representing the above appeal.

3. Mr.M.Udhaya Kumar, learned counsel for respondent appeared and raised formal objections in allowing this petition.

4. Considering the facts and circumstances, and the reasons stated by the petitioner seems to be justifiable one, this court is inclined to allow this petition.

5. Registry is directed to number the Appeal immediately if it is otherwise found to be in order and post the matter on 09.08.2023. 24.07.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 6098 of 2019 in A.S.SR.. No. 39215 of 2017 24.07.2023