Ayisha Parveen v. Abdul Kaleel

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU AND AS SR NO. 112890 OF 2025 Ayisha Parveen Appellant(s) Vs Abdul Kaleel Respondent(s) AS SR No. 112890 of 2025 Ayisha Parveen Appellant(s) Vs Abdul Kaleel Respondent(s) For Appellant(s):

Mr.J.P.Rajesh For Respondent(s):

Mr.P.Jesus Moris Ravi

ORDER

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(Order of the Court was made by C.V.Karthikeyan J.) The application has been filed, seeking to condone the delay of 95 days in filing the first appeal.

2. The first appeal has been preferred against the judgment of the VI Additional Family Court, Chennai dated 27.11.2024 in O.S.No.51 of 2022, wherein the defendant remained ex parte. After hearing the plaintiff, the suit was dismissed. The first appeal being an extension of the trial procedure, it is only appropriate that the appellant is granted an opportunity on the merits of the appeal.

3. Notice had been directed to the respondent and the same has been served. The learned counsel for the respondent had also entered appearance.

4. The learned counsel for the respondent states that the papers had not been served.

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5. From the records, we are of the opinion that the opportunity has to be granted to be heard again and of course, to the respondent also.

6. Taking all factors into consideration, the delay of 95 days stands condoned and C.M.P.No.20577 of 2025 in A.S.SR.No.112890 of 2025 is ordered.

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7. Registry is directed to number the appeal, if it is otherwise in order. (C.V.K., J.) (K.B., J.) 02-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Abdul Kaleel S/o. Abdul Majeed, No. H.71/T3, Thiruvanmiyur Extension, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai-41.

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C.V.KARTHIKEYAN, J.

and K.KUMARESH BABU, J.

kak in AS SR NO. 112890 OF 5/6

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