Palanivel v. Rajangam (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI and SA SR No. 56607 of 2022 Palanivel and 2 others Appellant(s) Vs Rajangam (died)

1) The Thasildar, Vridhachalam, Vridhachalam Taluk, Cuddalore District. and 11 others Respondent(s) PRAYER To condone the delay of 38 days in filing Second Appeal in SA SR 56607 of 2022 on the file of this Honble Court For Appellant(s):

Mr. S.Senthilnathan

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 38 days in filing the above Second Appeal against the judgment and decree dated 31.01.2020 passed in A.S.No.31 of 2014, on the file of Principal Subordinate Judge, Virudhachalam, Cuddalore confirming the judgment and

decree passed in O.S.No.476 of 2005 dated 09.07.2014 on the file of I Addl. District Munsif Court, Vridhachalam.

2. Mr.S.Senthilnathan, learned counsel for appellants submitted that due to Covid-19 pandemic, the certified copy of judgment and decree passed in A.S.No.3 of 2012 was obtained by petitioner's counsel only on 11.02.2022. Hence, they were not able to come to Chennai and to engage their counsel. Only during the last week of November 2022, they gave instructions to file the Second Appeal. However, there is a delay of 38 days in filing the above second appeal arose, which is neither wilful nor wanton. Therefore, he filed this petition to condone the delay in filing the above second appeal.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit stating that due to covid-19 pandemic, the certified copy of judgment and decree passed by the first appellate court was obtained belatedly, which seems to be justifiable one and to give one more opportunity, 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 01.04.2025.

05-03-2025 rpp Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1) The Thasildar, Vridhachalam, Vridhachalam Taluk, Cuddalore District.

2.The Firka Surveyor, Karuveppilankurichi, Valliyam Villag,e Virudhachalam Taluk, Cuddalore District.

3.The Village Administrative Officer Valliyam Village Virudhachalam Taluk, Cuddalore District.

4.The Revenue Divisional Officer Valliyam Village, Virudhachalam Taluk, Cuddalore District.

5.The District Collector Collector Office, Cuddalore, Cuddalore Taluk, Cuddalore District.

6. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

rpp CMP No. 5154 of 2025 in SA SR. No.56607 of 2022 05-03-2025