Krishnan v. Muniyammal

C.M.P.No. 26230 of 2024 in S.A. SR.No. 30559 of 2024 T.V. THAMILSELVI, J.

Challenging the judgment and decree passed in A.S.No.14 of 2022, the petitioner preferred the above Second Appeal, however there is a delay of 165 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.

2. Mr.P.G.Thiyagu, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects as well as for payment of pending court fee on 10.03.2024 and the same was again returned on 10.06.2024. Thereafter, the deficit court fee as well as errors were rectified and represented on 18.09.2024, thereby there is a delay of 165 days arose in representing the above second 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 stating that the bundle was misplaced and to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 27.11.2024.

21.11.2024 rpp 2/3

T.V. THAMILSELVI, J.

rpp C.M.P.No. 26230 of 2024 in S.A. SR.No. 30559 of 2024 21.11.2024 3/3