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Madras High CourtCMP/12133/2024ordered

Mahadevi v. Ramanathan @ Narayanan

2024-06-20Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P. No. 12133 of 2024 in S.A.SR.No.162021 of 2023 C.M.P. No. 12133 of 2024 in S.A.SR.No.162021 of 2023 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 24 days in filing the above Second Appeal against the judgment and decree dated 22.08.2023 passed in A.S.No.5 of 2022, on the file of Principal Subordinate Judge, Karaikal confirming the judgment and decree passed in O.S.No.581 of 2011 dated 22.04.2022 on the file of Principal District Munsif Court, Karaikal.

2. Mr.V.Jayaprakash Narayanan, learned counsel for appellant submitted that due to the delay in obtaining documents marked in the original suit on the side of plaintiffs, they were not able to file the Second Appeal in time. Hence, there is a delay of 24 days in filing the above second appeal arose, which is neither willful 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 seems to be justifiable one, 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 02.07.2024.

20.06.2024 rpp T.V.THAMILSELVI, J.

https://www.mhc.tn.gov.in/judis

C.M.P. No. 12133 of 2024 in S.A.SR.No.162021 of 2023 rpp C.M.P.No. 12133 of 2024 in S.A.SR.. No. 162021 of 2023 20.06.2024 https://www.mhc.tn.gov.in/judis