R.Poovathal v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI and SA SR No. 124624 of 2024 R.Poovathal Appellant(s) Vs The Executive Officer Office of Veerapandi Town Panchayar, No.4, Veerapandi Town Panchayat, Coimbatore-641605 and 2 others Respondent(s) PRAYER To condone the delay of 67 days in filing the above appeal For Appellant(s):

Mr. S.Thangavel For Respondent(s):

Mr. R.Siddharth, Addl. Govt. Pleader for R1 to R3

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 67 days in filing the above Second Appeal against the judgment and decree dated 29.02.2024 passed in A.S.No.46 of 2023, on the file of IV Addl. Subordinate Judge at Coimbatore confirming the judgment and decree passed in O.S.No.62 of 2021 dated 26.07.2022 on the file of I Addl. District Munsif Court, Coimbatore.

2. Mr.S.Thangavel, learned counsel for appellant submitted that as the papers in connection with Appeal Suit in A.S.No. 46 of 2023 was not available, the same was obtained and thereafter, due to insufficient funds, the appellant was not able to come to Chennai and to engage her counsel. Only during the first week of September 2024, she gave instructions to file the Second Appeal. However, there is a delay of 67 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. The learned Addl. Government Pleader for respondents 1 to 3 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 07.04.2025. The learned counsel for appellant is directed to serve typed set of papers on the learned Addl. Govt. Pleader for respondents.

07-03-2025 rpp Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Executive Officer Office of Veerapandi Town Panchayar, No.4, Veerapandi Town Panchayat, Coimbatore-641605 2.The Tahsildar Coimbatore North Taluk Office, Coimbatore-641106 3.The District Collector Coimbatore District Collector office, Coimbatore-641018

4. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

rpp CMP No. 5431 of 2025 in SA SR NO.124624 OF 07-03-2025