Madras High CourtCMP(MD)/16281/2025allowed

P.S.Shahul Hameed v. M.R.Abdul Jaffer

2025-11-24Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar3 pages

CMP(MD) NO. 16281 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-11-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR CMP(MD) NO. 16281 of 2025 IN AS(MD) SR NO. 78580 OF 2025

1. P.S.Shahul Hameed S/o.Late.Samsudeen No.54 Big Street Kadayanallur Taluk Tenkasi District.

Petitioner(s) Vs

1. M.R.Abdul Jaffer S/o.Rahmathulla No.263-B /30D Rahmaniyapuram 3rd Street Kadayanallur Taluk Tenkasi District.

Represented by through his Power Agent V.M.Nathahar Badhusha S/o.Mydeen Kutty Mohammed Door No.245/2A Rahmaniyapuram 4th West North Street Kadayanallur Taluk Tenkasi District.

2. S.Kamarunisha Begam W/o.P.Shahul Hameed Door No.54 Big Street Kadayanallur Taluk Tenkasi District.

3. U.M.Abdul Rasak S/o.Late.Mohammed Kasim Sahib Door No.23 Kani Textiles 1st Floor North Ayyapuram Street Kadayanallur Taluk Tenkasi District.

Respondent(s) For Petitioner(s): Mr.T.S.Mohamed Mohideen For Respondent(s): M/s.P.Saravanan for R1 Prayer:To condone the delay of 64 days in filing the appeal suit against the judgment decree dated 18-03-2025 passed in O.S.No.154 of 2020 on the file of Additional District Court, Tenkasi District.

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) This petition has been filed seeking to condone the delay of 64 days in filing the appeal challenging the judgment and decree dated 18.03.2025 in OS No.154/2020 on the file of the Additional District Court at Tenkasi.

2. In the affidavit filed in support of the petition, it had been stated that the copy application was made on 26.03.2025, though the judgment had been pronounced on 18.03.2025. The order copy was delivered on 22.04.2025.

3. The appellant stated that he had to raise necessary funds to prepare and file the appeal suit.

4. Notice had been directed. The learned counsel had entered appearance on behalf of the first respondent/plaintiff.

5. Having heard both the learned counsels, the petition is allowed and the delay is condoned. Registry to number the appeal, if it is otherwise in order. (C.V.KARTHIKEYAN J.) (R.VIJAYAKUMAR J.) 24-11-2025 RR