Venkidupathy v. Balakrishnan

CMP.No.305 of 2026 in AS.SR.No.211559 of 2025 N.SATHISH KUMAR., J.

and R.SAKTHIVEL., J.

(Order of the Court was made by N.SATHISH KUMAR.J.,) This application has been filed to condone the delay of 415 days in filing the appeal .

2. It is the contention of the petitioner that though the judgment was passed on 24.06.2024, the certified copy was made ready only on 01.08.2024. In the meanwhile, his wife was diagnosed with rectal cancer and was admitted in Kovai Medical Centre and Hospital Limited on 22.07.2024 and remained as inpatient till 10.08.2024. Therefore, he was unable to pursue the filing of the appeal within the prescribed time, resulting in the delay.

3. Despite the name of the respondent being printed in the cause list, none appeared on behalf of the respondent, and no counter has been filed.

4. Admittedly, connected appeals in A.S.Nos.1061, 1062, 1063 of 2024 have already been admitted.

5. Since the other connected appeals have been admitted, this Court is of the view that the present appeal shall also be heard along with the connected appeals.

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

N.SATHISH KUMAR., J.

and R.SAKTHIVEL., J.

6. Considering the liberal approach to be adopted in matters relating to condonation of delay and being satisfied with the reasons assigned in the affidavit , we are inclined to allow this petition.

7. Accordingly, this petition is ordered and the delay is condoned.

2. List on 10.03.2026.

[N.S.K.,J.] [R.S.V.,J.] 13.02.2026 mrp CMP.No.305 of 2026 in AS.SR.No.211559 of 2025 AS.SR.No.211559 of 2025 https://www.mhc.tn.gov.in/judis