← Library
Madras High CourtCMP/21227/2024ordered

Muthu v. Lakshmi

2025-03-25Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP No. 21227 of 2024 and SA SR No. 122996 of 2024

1. MUTHU S/o. (late) Rajamanickam @ Venkata Chetty A.Sekkarapatti Village, D.Kanikarahalli Post, Thoppur Via, Dharmapuri Taluk and District.

Appellant(s) Vs

1. LAKSHMI D/o. Venkatraman A.Sekkarapatti Village, D.Kanikarahalli Post, Thoppur Via, Dharmapuri Taluk and District.

2.Sounthar S/o. Lakshman A.Sekkarapatti Village, D.Kanikarahalli Post, Thoppur Via, Dharmapuri Taluk and District.

3.Perumal S/o. Lakshman A.Sekkarapatti Village, D.Kanikarahalli Post, Thoppur Via, Dharmapuri Taluk and

District.

4.Ravi S/o. Lakshman A.Sekkarapatti Village, D.Kanikarahalli Post, Thoppur Via, Dharmapuri Taluk and District.

5.S.A.Subramanian S/o. Arunachalam Kanikarahalli Village, Thoppur Kanikarahalli (Post), Thoppur Via, Dharmapuri Taluk and District.

Respondent(s) PRAYER To condone the delay of 646 days in filing the Second Appeal against the Judgement and Decree dated 25.07.2022 made in A.S.No. 13 of 2022 on the file of the Principal Subordinate Judge, Dharmapuri confirming the Judgement and Decree dated 06.12.2019 made in O.S.No. 120 of 2015 on the file of the District Munsif Court, Dharmapuri. For Appellant(s):

C.Munusamy For Respondent(s): No Appearance

ORDER

It is the submission of the learned counsel for the petitioner that the petitioner was not able to mobilize the money to file the appeal and also there was a lack of communication between the petitioner and his counsel. Hence, he was not able file the appeal on time, prays to condone the delay of

646 days in filing the second appeal.

2. Heard the submission of the learned counsel for the petitioner and perused the materials available on record.

3. Considering the facts of the case, the reason assigned by the petitioner is satisfactory. Hence, this Court is inclined to allow this petition with the condition that the petitioner shall deposit a sum of Rs.2,000/- to the credit of the District Legal Service Authority, Chennai, within a period of two weeks from the date of receipt of a copy of this Order. Accordingly, this petition is ordered. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 29.04.2025. 25-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To The District Legal Service Authority, Chennai. T.V.THAMILSELVI J.

pbl CMP No. 21227 of 2024 and SA SR No. 122996 of 25-03-2025