Sengan v. Selvaraj

in S.A.SR.No.25711 of 2023 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 4 days in filing the above Second Appeal against the judgment and decree dated 19.09.2022 passed in A.S.No.11 of 2013, on the file of Sub-Court at Perambalur District reversing the judgment and decree passed in O.S.No.265 of 2002 dated 31.01.2013 on the file of District Munsif Court, Perambalur Dt.

2. Mr.R.Veeramani, learned counsel for appellant submitted that as the certified copies of judgment and decree passed in A.S.No. 11 of 2013 was not available, the same was obtained. However, there is a delay of 4 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. Ms. P.Meenakshi, learned counsel for respondents 1 to 5 appeared and raised formal objections in allowing this petition.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, 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 06.01.2025.

5. The learned counsel for appellant is directed to serve typed set of papers on the learned counsel for respondents 1 to 5. 04.12.2024 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 14581 of 2024 in S.A.SR.. No. 25711 of 2023 04.12.2024