(M.R. Shah and B.V. Nagarathna, JJ.)
D. Anandhan ______________________________________ Appellant;
v.
R. Kalavathi and Another ________________________ Respondent(s).
Civil Appeal No. 7404 of 2021 (Arising out of SLP (C) No. 15464 of 2021), decided on December 6, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. Though served, nobody appears on behalf of the respondents. Even in the order dated 22.11.2021, it was observed that though served, nobody appears on behalf of the respondent(s). Still one additional opportunity is/was given to the respondent(s) to contest the Special Leave Petition. The respondents have failed to avail even the additional opportunity also.
3. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 19.02.2020 passed by the High Court of Judicature at Madras in CMP No. 12398 of 2019 by which the High Court has dismissed the appeal preferred by the appellant-herein on the ground of limitation and has refused to condone the delay of 247 days in preferring the appeal, the original appellant has preferred the present appeal.
4. Having heard the learned counsel appearing on behalf of the appellant and the cause shown before the High Court for the delay of 247 days caused in preferring the appeal, we are the opinion that the High Court ought to have condoned the delay. It appears that there was no deliberate delay on the part of the appellant. Even it was not the case before the High Court that by filing the first appeal in delay, the appellant was going to be benefited.
5. In view of the above, we allow the present appeal and quash and set aside the impugned order passed by the High Court. We condone the delay of 247 days in preferring the appeal before the High Court. Now the High Court to decide and dispose of the appeal in accordance with law and on its own merits.
6. The present appeal is accordingly allowed.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Special Leave Petition (C) No. 15464 of 2021
D. Anandhan.….Petitioner(s)
v.
R. Kalavathi & Anr.….Respondent(s)
(FOR ADMISSION and I.R. and IA No. 124440/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 124439/2021-EXEMPTION FROM FILING O.T.)
Date: 06-12-2021 This matter was called on for hearing today.
(Before M.R. Shah and B.V. Nagarathna, JJ.)
For Petitioner(s) Mr. A. Venayagam Balan, AOR
Mr. Maruthupandiyan, Adv.
Ms. V.S. Lakshmi, Adv. For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is allowed in terms of the signed order.
9. Pending applications stand disposed of.
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