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2024 Supreme(Mad) 486

P. T. ASHA
Gopal (Late) – Appellant
Versus
Commissioner, Walajapet Muncipality, Walajapet – Respondent


Advocates Appeared:
For the Petitioners: R. Rajarajan.
For the Respondent: V. Baranidharan.

JUDGMENT :

(Prayer in C.M.P. Miscellaneous Petition filed under Rule 3(A) r/w 42(1) of C.P.C to condone the delay of 1072 days in filing the second appeal Sr.No.81494 of 2022.

In S.A. Second Appeal filed under Section 100 of C.P.C against the decree and judgment dated 20.02.2019 in A.S.No.7 of 2007 on the file of the Subordinate Judge at Ranipet, Vellore District confirming the decree and judgment dated 17.03.2017 in O.S.No.55 of 2014 on the file of the District Munsif cum Judicial Magistrate No.1, Walajapet, Vellore District.)

1. The above petition is filed for condoning the delay of 1072 days in filing the second appeal.

2.The reason given for the delay is that after the appeal filed by the appellants herein was dismissed by the Subordinate Judge, Ranipet on 20.02.2019, the printed copy of the judgment and decree was applied only in November 2019. The appellants would submit that their father, Gopal, who was the sole defendant had fallen ill and was not in a position to contact his counsel for further proceedings. Thereafter, on 23.03.2020, the national lock down was imposed from 23.03.2020 on account of the covid pandemic. This was also a reason for the sole defendant being unable t

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