Madras High Court
K.S.Krishnamurthy vs S.Usharani on 6 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.01.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.P.No.14634 of 2020 in A.S. SR No.133875 of 2019
K.S.Krishnamurthy ... Petitioner
(cause title accepted vide order of Court dated
27.11.2020 made in C.M.P. No.12445 of
2020 in A.S. SR No.133875 of 2019)
-vs-
1.S.Usharani
S.Vanitha (died)
2.S.Manjula
3.Barath Prasanna Keerthi
4.K.N.Ganesh
5.N.Sundararajan
6.Jayalakshmi
7.J.Jawahar
8.J.Prabhu
9.Kavitha
10.A.A.Mohammed Anwar
11.P.Sundarasami
12.S.Sudarshan ... Respondents
Prayer in C.M.P.: Petition filed under Order 41 Rule 3A of C.P.C. to
condone the delay of 409 days in preferring the above Appeal against the
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2
final decree dated 13.02.2018 passed in I.A. No.373 of 2006 in O.S. No.246
of 2003 on the file of the IV Additional District Judge, Coimbatore.
Prayer in A.S. SR: Petition filed under Section 96 of Code of Civil
Procedure to set aside the final decree and the judgment dated 13.02.2018
rendered in I.A. No.373 of 2006 in O.S. No.246 of 2003 on the file of the IV
Additional District and Sessions Judge, Coimbatore by allowing the appeal
suit.
For petitioner : Ms.Elizabeth Ravi
ORDER
The petition has been filed to condone the delay of 409 days in
preferring the above appeal against the final decree dated 13.02.2018 passed
in I.A. No.373 of 2006 in O.S. No.246 of 2003 on the file of the IV
Additional District Judge, Coimbatore.
2.Learned counsel appearing for the petitioner submitted that the
petitioner is the first defendant before the Trial Court. When the suit filed by
the plaintiffs for partition of the properties set out in Schedule 'A' into 12
equal shares by metes and bounds, the Trial Court has decreed the suit by
its judgment and decree dated 29.09.2005. Thereafter, I.A. No.373 of 2006
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was filed and the same was ordered on 13.02.2018. Aggrieved thereby, the
petitioner has been advised to file an Appeal. However, there has been a
delay of 409 days in preferring the appeal which is neither willful nor
wanton only due to the bonafide reason. Learned counsel appearing for the
petitioner further submitted that when certified copy of the Trial Court dated
29.09.2005 as well as the other copies were not made available,
arrangements have been made for getting the same. After collecting all the
papers, the appeal papers have been made ready for filing. In the meanwhile,
the delay has occurred.
3.We are unable to find any sufficient cause to condone the delay. The
reason being that when the partition suit in O.S. No.246 of 2003 was
decreed on 29.09.2005 and I.A. No.373 of 2006 filed was allowed on
13.02.2018, it is not known why the petitioner first defendant has not
immediately awaken to file the appeal against the judgment and decree dated
29.09.2005. As it is well settled law that every day's delay has to be
explained and no such explanation has been given in the present case, which
is bereft of any merit, finding no sufficient cause or justification whatsoever,
T.RAJA,J.
https://www.mhc.tn.gov.in/judis/
and
G.CHANDRASEKHARAN,J.
vga
the petition seeking an order to condone the huge and un-explained delay of
409 days is dismissed. Consequently, AS No.SR133875 of 2019 stands
rejected.
(TRJ) (GCSJ)
06.01.2021
vga
To
The IV Additional District Judge,
Coimbatore.
C.M.P.No.14634 of 2020 in A.S. SR No.133875 of 2019
https://www.mhc.tn.gov.in/judis/
