Veeramani v. Krishnaveni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 30077 of 2024 AND SA SR NO. 60412 OF 2024 VEERAMANI Appellant(s) Vs KRISHNAVENI and 4 Others Respondent(s) For Appellant(s):

Mr. P.Dinesh Kumar

ORDER

Challenging the judgment and decree passed in A.S.No.102 of 2018, the petitioner preferred the above Second Appeal, however there is a delay of 134 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.

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2. Mr.P.Dinesh Kumar, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 15.05.2024, however, the returned papers mixed up with the disposed bundles and thereafter, after due search, it was traced out only during the 1st week of November 2024. Hence, there is a delay of 134 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.

3. Considering the facts and circumstances and on considering the reasons stated by the petitioner in the affidavit that as the returned papers mixed up with disposed bundles, it could not be represented within a stipulated time and it was traced out only during the 1st week of November 2024 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 24.01.2025.

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rpp T.V. THAMILSELVI, J.

rpp C.M.P.No. 30077 of 2024 in S.A. SR.No. 60412 of 2024 07.01.2025 3/3