Ravi v. Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 1484 of 2025 AND SA SR NO. 61381 OF 2023 RAVI Appellant(s) Vs SELVAM Respondent(s) For Appellant (s) :- Mr.K.Senthil Vadivu

ORDER

Challenging the judgment and decree passed in A.S.No.39 of 2019, the petitioner preferred the above Second Appeal, however there is a delay of 357 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.M.Senthil Vadivu, learned counsel for petitioner submitted that the above Second Appeal was returned for first time for rectifying certain defects on 12.05.2023 directing to furnish clean copy of certified 1/3

copy of judgment and decree passed in first appeal. He would submit that Since it was a summer vacation, the returned paper were received by him only on 05.06.2023 and thereafter, the certified copy of the same was obtained. However, there is a delay of 357 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 due to delay in obtaining certified copy of judgment and decree passed in the first appeal, it could not be represented within a stipulated time 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 the 3rd week of February 2025. 27.01.2025 rpp T.V. THAMILSELVI, J.

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rpp C.M.P.No. 1484 of 2025 in S.A. SR.No. 61381 of 2023 27.01.2025 3/3