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Madras High CourtCMP/23956/2024ordered

Sathik Ali v. The Regional Passport Officer

2024-10-24Honourable Mrs Justice T.V.Thamilselvi3 pages

in S.A.SR.No.56135 of 2022 T.V. THAMILSELVI, J.

Challenging the judgment and decree passed in A.S.No.14 of 2019, the petitioner preferred the above Second Appeal, however there is a delay of 850 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.B.Jawahar, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 08.06.2022, however, the paper was misplaced with other bundles and it could not be traced immediately. Thereafter, after due search, it was traced out, however, there is a delay of 850 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 on condition that the petitioner shall pay a cost of Rs.1000/- payable to the Tamil Nadu State Legal Services Authority, Chennai within a period of one week from the date of receipt of copy of this order and on such deposit, Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 12.11.2024.

24.10.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.M.P.No. 23956 of 2024 in S.A.SR. No. 56135 of 2022 24.10.2024 3/3