Durairaj @ Chakrapani v. P.Bakthavatchalam

CMP No.19323 of 2025 in AS SR No.48827 of P.B.BALAJI.,J The delay of 45 days in preferring the first appeal is sought to be condoned.

2. I have gone through the affidavit filed in support of the petition.

3. Learned counsel for the respondent would however object to the delay being condoned on the ground that the appeal has been filed way back in 2019 and judgment was delivered by the trial court on 12.09.2018 and it is not known how the delay is only 45 days in preferring the first appeal as it would have been filed even as early as in February 2019.

5. However, I find from the records that the appellant has sought for condonation of delay in representing the appeal on the ground that there is an amendment to the decree that it becomes necessary and the said process has taken time and this Court also condoned the delay in representing the appeal papers already.

6. In the light of the above, I am inclined to condone the delay of 45 days in preferring the appeal and the petition is ordered.

7. If the appeal is otherwise in order, Registry is directed to post the appeal before the Joint Registrar (Appellate Side) for admission and print the name of Mr.A.E.Ravichandran, learned counsel for the respondent if the appeal or CMP is listed. 11.02.2026 sr https://www.mhc.tn.gov.in/judis