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Madras High CourtCMP/8522/2022allowed

M.Vignesh v. R.Ganeshan,

2022-07-12Honourable Ms. Justice P.T. Asha1 pages

C.M.P.No.8522 of 2022 in S.A.Sr.No.140018 of 2019 P.T.ASHA, J., This petition is filed to condone the delay of 170 days in filing the above Second Appeal.

2. Heard the learned counsel for the petitioner/appellant. No representation for the respondent.

3. In paragraph 4 of the affidavit filed in support of this petition, the petitioner would submit that although he had been asked to file the appeal on or before 21.02.2019, just when he had taken steps to file the appeal, he had fallen ill and diagonised with L4-L5 "Disc Prolapse with Neuropathic systems" and he was advised not to travel. Thereafter, on his recovery, he had approached his counsel to file the appeal and he was informed that there was a delay of 170 days. The delay is neither wilful nor wanton, but for the reasons stated above. However, he seeks to have the delay condoned.

4. Considering the fact that the sufficient reasons have been given in the affidavit filed in support of this petition, this petition is allowed and the delay of 170 days in filing the above appeal in S.A.Sr.No.140018 of 2019 is condoned.

12.07.2022 srn https://www.mhc.tn.gov.in/judis