Fathima Bee Vs SYDHANI BEE

Fathima Bee vs Sydhani Bee

Type Court Judgment Court Chennai Decided Feb 24, 2025

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Citation: sooperkanoon.com/1759516
Court: Chennai High Court
Judge: Honourable Mrs Justice T.V.Thamilselvi
Decided On: Feb 24, 2025
Case Number: CMP/4128/2025

Parties & Advocates

Appellant / Petitioner

Fathima Bee

Respondent

Sydhani Bee

Excerpt

in the high court of judicature at madrasdated: 24-02-2025coramthe honourable mrs justice t.v.thamilselvi cmp no. 4128 of 2025 and sa sr no. 165971 of 2023 k.isamilkahan(died) fathima bee and 3 others appellant(s) vs sydhani bee and 15 others respondent(s) for appellant(s) : mr.d.baskarorderthis civil miscellaneous petition has been filed seeking to condonethe delay of 3 days in filing the above second appeal against the judgmentand decree dated 08.08.2023 passed in a.s.no.31 of 2009, on the file of principal district judge, cuddalore confirming the judgment and decree passed in o.s.no.3 of 2001 dated 29.06.2009 on the file of subordinate judge, panruti.2. mr.d.baskar, learned counsel for appellantw submitted that due to illness, the appellants were not able to come to chennai and to engage their counsel. only during the last week of january 2025, they gave instructionsto file the second appeal. however, there is a delay of 3 days in filing the above second appeal arose, which is neither willful nor wanton. therefore, he filed this petition to condone the delay in filing the above second appeal.3. considering the facts and circumstances, and the reasons stated bythe petitioners in the affidavit seems to be justifiable one and to avoid multiplicity of proceedings, this court is inclined to allow this petition. registry is directed to number the second appeal if it is otherwise found to be in order and post the matter on 17.03.2025. rppt.v.thamilselvi, j.rpp c.m.p.no. 4128 of 2025 in s.a.sr.. no. 165971 of 2023

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 4128 of 2025 AND SA SR NO. 165971 OF 2023 K.ISAMILKAHAN(DIED) Fathima Bee and 3 Others Appellant(s) Vs Sydhani Bee and 15 Others Respondent(s) For Appellant(s) : Mr.D.Baskar

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone

the delay of 3 days in filing the above Second Appeal against the judgment

and decree dated 08.08.2023 passed in A.S.No.31 of 2009, on the file of Principal District Judge, Cuddalore confirming the judgment and decree passed in O.S.No.3 of 2001 dated 29.06.2009 on the file of Subordinate Judge, Panruti.

2. Mr.D.Baskar, learned counsel for appellantw submitted that due to illness, the appellants were not able to come to Chennai and to engage their counsel. Only during the last week of January 2025, they gave instructions

to file the Second Appeal. However, there is a delay of 3 days in filing the above second appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above second appeal.

3. Considering the facts and circumstances, and the reasons stated by

the petitioners in the affidavit seems to be justifiable one and to avoid multiplicity of proceedings, this court is inclined to allow this petition. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 17.03.2025. rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 4128 of 2025 in S.A.SR.. No. 165971 of 2023

Same Court & Year Chennai · 2025 Same Parties Fathima Bee vs Sydhani Bee Same Judge Honourable Mrs Justice T.V.Thamilselvi