Arokiadoss v. Devasagayam

CMP.No.7737 of 2026 in S.A.Sr.No.48821 of 2022 S.SOUNTHAR, J.

This petition has been filed to condone the delay of 908 days in filing the above second appeal.

2. In the affidavit filed in support of this condone delay petition, it was stated by the learned counsel for the petitioner that originally the appeal papers were filed in time i.e., on 29.04.2022 and the papers were returned by the Registry on the ground that there was a discrepancy in the cause title. Therefore, the original certified copies filed in the Court was produced before the trial Court and an application was filed seeking necessary amendment. After allowing of the amendment, a fresh certified copies were issued to the petitioner and the same was produced before this Court. Though the second appeal was initially filed on 29.04.2022, the Registry calculated the delay based on the fresh certified copy, which was furnished to the petitioner only on 23.05.2024. Hence, there is a technical delay of 908 days in filing the second appeal.

3. Mr.D.Baskar, learned counsel for respondents 1 to 4 vehemently opposed this petition on the ground that the petitioner has not made out sufficient cause for condoning the delay.

4. Having satisfied with the reasons stated in the affidavit and also taking into consideration the second appeal was originally filed on 29.04.2022, the delay is condoned.

5. Registry is directed to number the second appeal, if it is otherwise in order.

02.06.2026 mp https://www.mhc.tn.gov.in/judis