Pugazhendhi v. The Revenue Divisional Officer

C.M.P.No. 17641 of 2024 in S.A. SR.No. 9363 of 2022 T.V. THAMILSELVI, J.

Challenging the judgment and decree passed in A.S.No.79 of 2018, the petitioner preferred the above Second Appeal, however there is a delay of 824 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.K.Venkateswaran, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 04.03.2022 and thereafter it was mingled with other disposed bundles and subsequently, when he was doing renovation work during vacation period the return of papers came to notice of counsel, however, there is a delay of 824 days arose in representing the above second appeal. He would submit that 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 the bundle was misplaced and 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 the date of receipt of copy of this order. 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 02.09.2024.

20.08.2024 rpp

T.V. THAMILSELVI, J.

rpp C.M.P.No. 17641 of 2024 in S.A. SR.No. 9363 of 2022 20.08.2024