Parvathi v. R. Anitha

in S.A. Sr. No. 82569 of 2023 P.T.ASHA, J.

The above petition is filed to condone the delay of 212 days in filing the Second Appeal.

2. The first appeal against which the above Second Appeal arises had been pronounced on 25.08.2022. The petitioners would submit that they had suffered serious calamity in their family on account of the Covid pandemic, further there was delay in obtaining papers from the Trial Court lawyer and engaging services of the counsel before this Court.

3. A counter has been filed inter alia denying the allegations set out for the delay. The respondent would submit that the Judgement and Decree had been pronounced post Covid and 1/4

therefore the reasons given appears to be false.

4. Heard the learned counsels on the either side.

5. The reasons that has been given for the delay is that the petitioners' family had suffered certain calamity owing to Covid - 19 pandemic. The affidavit does not state that the Covid pandemic was cause for the delay. On the other hand, it is the post Covid period that has caused the delay, on account of the family suffering certain calamities. No doubt, the affidavit is not supported by evidence. However, it is seen that the suit filed by the respondent herein for declaration and permanent injunction had been dismissed by the Trial Court in O.S.No.274 of 2012 on the file of the Additional District Munsif, Vellore and reversed in appeal. The appellants have arguable case to put forward.

6. Therefore, considering the fact that sufficient reasons have been given and the appellants have a case to put forward, the delay 2/4

is condoned. The Registry is directed to number the appeal, if otherwise in order. The Registry is also directed to print the name of Mr.M.Murali at the time of admission.

26.02.2024 kan 3/4

P.T.ASHA, J.

Kan 26.02.2024 4/4