Alexandar v. Salamon Royar (Died) 1. Madalai Mary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 735 of 2025 AND SA SR NO. 60789 OF 2024 ALEXANDAR and another Appellant(s) Vs Salamon Royar (died)

1. Madalai Mary and 18 Others Respondent(s) For Appellant(s) :

Mr.N.Krishna Kumar

ORDER

Challenging the judgment and decree passed in A.S.No.4 of 2013, the petitioner preferred the above Second Appeal, however there is a delay of 168 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.N.Krishna Kumar, learned counsel for petitioner submitted that the above Second Appeal was returned for rectifying certain defects on 30.05.2024, but the papers were mixed up with other bundles and it could not be traced out immediately. Thereafter, after due search, it was traced

out, however, there is a delay of 168 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 since the papers were mixed up with other case bundles, 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. 735 of 2025 in S.A.SR.. No. 60789 of 2024 22.01.2025