K.V.Shankaran v. K.M.Raju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 2136 of 2025 AND SA SR NO. 20593 OF 2022 K.V.Shankaran Appellant(s) Vs K.M.Raju Respondent(s) For Appellant(s) :

Mr.A.Bobblie

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 27 days in filing the above Second Appeal against the judgment and decree dated 23.10.2021 passed in A.S.No.05 of 2020, on the file of Sub-Court at Coonoor confirming the judgment and decree passed in O.S.No.14 of 2016 dated 30.06.2020 on the file of District Munsif Court, Coonoor.

2. Mr.A.Bobblie, learned counsel for appellant submitted that due to financial crisis as well as illness, the appellant was not able to come to Chennai and to engage his counsel. Only during the 4th week of April 2024, he gave instructions to file the Second Appeal. However, there is a delay of 27 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 and to avoid multiplicity of proceedings, 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 and post the matter on 17.02.2025. 03.02.2025 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 2136 of 2025 in S.A.SR.. No. 20593 of 2022 03.02.2025