Prema Isac v. Harris Inbanathan

C.M.P.No. 12270 of 2024 in S.A. SR.No. 46523 of 2022 T.V. THAMILSELVI, J.

Challenging the judgment and decree passed in A.S.No.88 of 2017, the petitioner preferred the above Second Appeal, however there is a delay of 438 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.

2. Mr.M.Venkadesh Kumar, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 21.11.2022, however, due to the delay in obtaining certified copy of the decree and judgment of lower court, it could not be represented immediately. Hence, there is a delay of 438 days arose in representing the above second appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances and on considering the reasons stated by the petitioner in the affidavit that due to the delay in obtaining certified copy of judgment and decree, to give one more opportunity to the petitioner, this court is inclined to allow this petition on condition that the petitioner shall pay a cost of Rs.2000/- payable to the Tamil Nadu State Legal Services Authority, Chennai within a period of one week from today and on such deposit, Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 02.07.2024.

19.06.2024 rpp

T.V. THAMILSELVI, J.

rpp C.M.P.No. 12270 of 2024 in S.A. SR.No. 46523 of 2022 19.06.2024