S.Settu vs Thangammal
2024 Latest Caselaw 18044 Mad

Madras High Court

S.Settu vs Thangammal on 10 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                A.S.SR.No.144541 of 2022
                                                                                                      &
                                                                                  C.M.P.No.13611 of 2024

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 10.09.2024

                                                          CORAM

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                   AND
                                  THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                                 A.S.SR.No.144541 of 2022
                                                            &
                                                 C.M.P.No.13611 of 2024

                     S.Settu
                     S/o Subramani                                    ..Appellant/Petitioner

                                                         Vs.

                     Thangammal
                     W/o Palanisamy                                   ..Respondent/Respondent

                     C.M.P.No.13611 of 2024
                                  Civil Miscellaneous Petition filed under Order 41 Rule 3(A)of
                     CPC to condone the delay of 1484 days in filing the appeal.

                     A.S.SR.No.144541 of 2022
                                  Appeal filed under Section 96 of C.P.C. against the judgment and
                     decree dated 30.07.2018 made in O.S.No.75 of 2015 on the file of the
                     Additional District (Fast Track) Court, Mettur.

                                       For Appellant/Petitioner : Mr.K.Sathish Kumar


https://www.mhc.tn.gov.in/judis
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                                                                                   A.S.SR.No.144541 of 2022
                                                                                                         &
                                                                                     C.M.P.No.13611 of 2024



                                                           ORDER

(The order of the Court was made by Mrs.J.Nisha Banu,J.) The Civil Miscellaneous Petition has been filed to condone the

delay of 1484 days in filing the Appeal.

2. Heard the learned counsel for the petitioner/appellant.

3. The above appeal has been filed against the judgment and decree

in O.S.No.75 of 2015 dated 30.07.2018 on the file of the Additional

District (Fast Track) Court, Mettur. The suit has been filed by the

plaintiff/respondent herein for specific performance to execute the sale

deed after receiving the balance sale price of Rs.50,000/- or in the

alternate return the advance amount of Rs.20,00,000/- along with 12%

interest per annum. The defendant in the suit has filed the present appeal

against the respondents herein.

4. The judgment and decree was passed in the suit on 30.07.2018.

The Appellant had slept over the matter for more than six years and now

has filed the present appeal to set aside the decree passed in the above

suit.

5. The delay is enormous and we are also not satisfied with the

reasons stated in the affidavit for condoning the delay in filing the appeal.

https://www.mhc.tn.gov.in/judis

&

Therefore, we are not inclined to condone the delay. Hence, the condone

delay petition stands dismissed. Consequently, the Appeal Suit is rejected

at the SR stage itself. No costs.

                                                                 (J.N.B,J.)    (R.K.M., J.)
                     Index        : Yes / No                           10.09.2024
                     Internet     : Yes
                     vsi

                     To

The Additional District (Fast Track) Court, Mettur.

https://www.mhc.tn.gov.in/judis

&

J. NISHA BANU, J.

and R.KALAIMATHI,J.

vsi

&

10.09.2024

https://www.mhc.tn.gov.in/judis