Saravanan v. Senthamilselvi

C.M.P.No. 13606 of 2025 in C.M.S.A. SR.No. 154678 of 2024 T.V. THAMILSELVI, J.

Challenging the order passed in H.M.O.P.No.28 of 2018, the petitioner preferred the above Civil Miscellaneous Second Appeal, however there is a delay of 148 days in representing the above Appeal arose. Hence, the present petition has been filed to condone the delay in representing the above appeal.

2. The learned counsel for petitioner submitted that the above Civil Miscellaneous Appeal was returned for rectifying certain defects on 21.11.2024, however, the counsel on record sought for some clarification from the appellant, but due to illness, he is not able to clarify the queries. Hence, there is a delay of 148 days arose in representing the above appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition. 1/3

3. Considering the facts and circumstances and on considering the reasons stated by the petitioner in the affidavit that due to lack of communication and due to health issues, the appellant is not able to clarify the queries sought by counsel on record and to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Civil Miscellaneous Appeal if it is otherwise found to be in order.

23.06.2025 rpp 2/3

T.V. THAMILSELVI, J.

rpp C.M.P.No. 13606 of 2025 in C.M.S.A. SR.No. 154678 of 2024 23.06.2025 3/3