Abdul Munaff v. Papanna @ Chinna Muniappa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 591 of 2025 AND SA SR NO. 48763 OF 2022 Abdul Munaff and another Appellant(s) Vs Papanna @ Chinna Muniappa Respondent(s) For Appellant(s) :

Mr.T.M.Hariharan

ORDER

Challenging the judgment and decree passed in A.S.No.5 of 2021, the petitioner preferred the above Second Appeal, however there is a delay of 813 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.T.M.Hariharan, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 29.04.2022. He would submit that as the date of decree was wrongly mentioned in the Appeal Suit, the same was rectified and thereafter, he instructed his counsel to represent the same. However, there is a delay of 813 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 the amended decree in the Appeal Suit, 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 28.01.2025.

22.01.2025 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 591 of 2025 in S.A.SR.. No. 48763 of 2022 22.01.2025