G SELVAMOORTHY Vs. B GAJARAJ

JUDGEMENT

(1.) (Prayer: Appeals filed under Order XXXVI Rule 11 of the O.S. Rules and Clause 15 of the Letters Patent Appeal against the orders made in A.Nos.1370 and 1506 of 2005 in C.S.No.561 and 562 of 2002 dated 15.6.2005 passed by the learned Single Judge of this Court.) M. Venugopal, J. O.S.A.Nos.273 and 274 of 2005 have been preferred by the appellant/first defendant/applicant as against the orders passed by the learned Single Judge in Application No.1370 of 2005 in C.S.No.561 of 2002 and in Application No.1506 of 2005 in C.S.No.562 of 2002 dated 15.06.2005 respectively.

(2.) THE learned Single Judge has passed orders on 15.06.2005 in Application Nos.1370 and 1506 of 2005 in C.S.Nos.561 and 562 of 2002 inter-alia observing that "the applicant has not satisfactorily explained the delay by sufficient cause more particularly the decree has been executed and the applicant has approached this Court after coming to know of the above proceedings and accordingly, rejected these applications".

(3.) ACCORDING to the first respondent/plaintiff, no valid and plausible reasons have been assigned in the applications for condonation of delay and that the affidavit filed by the appellant/applicant is silent as to how he was incapacitated from projecting the application within the prescribed period and in the interest of justice, the appeals are to be dismissed.