CHINAPPAN Vs. AYEEMMAL
LAWS(MAD)-2019-12-105
HIGH COURT OF MADRAS
Decided on December 17,2019

Chinappan Appellant
VERSUS
Ayeemmal Respondents

JUDGEMENT

S.M.SUBRAMANIAM,J. - (1.) This Civil Miscellaneous Petition is filed to condone the delay of 1978 days in filing the Appeal Suit against the Judgement and Decree dated 23.03.2010 passed in O.S.No.273 of 2008 on the file of the learned Additional District Judge, Fast Track Court No.I, Coimbatore. The suit was instituted for partition.
(2.) The learned counsel appearing for the petitioners/appellants made a submission, the suit was instituted against their father one Mr.Chinappan and he died during the year 2015. It is communicated in the paragraph 8 of the affidavit filed in support of this petition that all the petitioners herein were not informed about the suit by their father during his lifetime. In the month of September 2015, after the demise of the father of the petitioners, they came to know about the Judgement and Decree passed by the Trial Court through their close relative and thereafter, they applied for a copy application in respect of the Judgement and Decree passed in O.S.No.273 of 2008. Thus, there is a delay of 1978 days in filing the Appeal Suit.
(3.) The reasons furnished for the contention of enormous delay of 1978 days are neither candid nor convincing and the huge delay cannot be condoned for certain flimsy grounds. Court cannot exercise any discretionary powers, so as to condone the delay of 1978 days in the absence of any valid reason. The reasons to condone such an enormous delay cannot be condoned in a routine manner, so as to cause prejudice to the parties and also keep the civil litigations pending for an unspecified period which is undoubtedly not preferable. Thus, a balanced approach is required. Condonation of such a huge delay would lead to prolongation and protraction of litigation and parties should not be allowed to take any such undue advantage by condoning the huge delay of 1978 days. If the litigations are pending for an unspecified period unduly, the sword will be hanging on the head of the other parties, who all are having their decree in their hand.;


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