Madras High Court
Park Town Benefit Fund Ltd vs Meherunisa on 19 September, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
C.M.P.No.22753 of 2025
in
A.S.SR.No.87634 of 2024
Park Town Benefit Fund Ltd
Having Registered Office at
223, Mint Street, Chennai 600 003
and a branch office at
73 @ 74 Arcot Road,
Kodampakkam,
Chennai 600 024 .. Petitioners / Appellant
Vs.
1.Meherunisa
2.Zakiamma
3.Mehebunissa
4.Farhana
5.Abdul Khuddose
6.Rehana
7.M.Atahur Rahaman
8.M.Ameenur Rahman .. Respondents / Respondents
PRAYER: Appeal Suit is filed under Order 41 Rule 3(A) of C.P.C, to
condone the delay 6148 days in filing the appeal order dated 11-06-2007
made in I.A.No.18502 of 2005 in O.S.No.7759 of 1997 on the file of the IV
Additional City Civil Court, Chennai.
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For Petitioner : Mr.S.Santhosh Kumar
ORDER
[Order of the Court was made by Dr.G.JAYACHANDRAN., J.]
This Civil Miscellaneous Petition has been filed by the Managing
Director of M/s. Park Town Benefit Fund Limited, seeking to condone the
delay of 6148 days in filing an appeal against the final decree dated
11.06.2007 in O.S.No.7759 of 1997 on the file of the IV Additional City
Civil Court, Chennai.
2. The above suit filed by the respondents for permanent injunction
and redemption of mortgage against the petitioner herein, who is a benefit
fund/financial institution. It appears that apprehending sale of the mortgage
property, the respondent has filed the suit, contending that a substantial
portion of the loan amount had already been paid and only a sum of
Rs.5,65,707.87 remained outstanding. Despite the respondents willingness
to deposit the said amount, the petitioner proceeded to bring the property for
sale.
3. The petitioner filed a written statement, disputing the claim and
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raised certain contentions. However, the matter did not progressed further,
which has led to the passing of a preliminary decree on 15.12.2000, followed
by the final decree on 11.06.2007.
4. It is the contention of the petitioner that due to seizure of
management by a Government-appointed official (a retired Inspector
General of Registration) and due to shifting of records from one branch to
another, they were unable to follow up the case. The petitioner claims that
the judgment and decree came to their notice only during a routine
inspection and if the delay is not condoned and the ex parte decree not
interfered, the petitioner company will be put to grave prejudice and
financial loss.
5. It is a well settled principle of law that delay in filing an appeal
should be explained with sufficient and satisfactory reasons. In the present
case, the petitioner has filed a petition seeking condonation of delay of 6148
days, which is nearly about 17 years. However, the petitioner had not
furnished any details as to what prevented them for contesting the suit after
having filed the written statement. While a preliminary decree passed on
15.12.2000 and the final decree passed on 11.06.2007, the present petition to
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set aside the ex parte decree, along with the petition for condonation of delay
has been filed only on 09.07.2024.
6. The affidavit filed in support of the petition is bereft of details
to substantiate and satisfy the reason for delay. Hence, this Court is not
inclined to condone the enormous delay which is not been properly and
satisfactorily explained.
7. Accordingly, this Civil Miscellaneous Petition stands dismissed.
Consequently, the Appeal is rejected at the SR stage itself. No costs.
[Dr.G.J., J.] & [M.J.R., J.]
19.09.2025
rpl
To
The IV Additional City Civil Court, Chennai.
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Dr.G.JAYACHANDRAN., J.
and
M.JOTHIRAMAN., J.
rpl
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in
19.09.2025
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