- (1.) Leave granted. This appeal arises out of an order dated 15th February, 2011 passed by the High Court of Madras, Madurai Bench, dismissing S.A. (MD) No. SR 17828 of 2005 as barred by limitation.
(2.) The Plaintiffs-Respondents No. 1 to 5 filed O.S. No. 33 of 1985 for declaration of their title and recovery of possession of property comprising 110.62 acres of land underlying Survey Nos. 3056 to 3059 and 3060 of Ponmana Village in the District of Kanyakumari, Tamil Nadu. The suit was contested by the Defendant but eventually decreed by the trial court in favour of the Plaintiffs. Aggrieved, the State preferred an appeal before the District Court at Kanyakumari which too failed and was dismissed by the said court. Second Appeal (MD) No. SR 17828 of 2005 was then preferred before the High Court of Madras which came to be transferred to the Madurai Bench of the High Court for hearing and disposal.
(3.) It is common ground that the appeal before the High Court was filed within the period of limitation prescribed for the same but on account of certain defects in the appeal memorandum and accompanying documents, the papers were returned to counsel for the Appellant-State for rectification and representation. The return of the papers was taken by counsel for the Appellant-State but the same appear to have been re-presented without doing the needful. That process it appears continued over a period of time resulting in a delay of 3412 days in the representation of the second appeal papers. An application for condonation of the delay was in the above backdrop filed before the High Court by the Appellant-State but the same was declined by the High Court in terms of the order impugned in this appeal. The High Court was of the view that there was no cogent or acceptable reason forthcoming from the application for condoning such an inordinate delay in the re-filing of the papers, after removal of the defects. The present appeal calls in question the correctness of the said order, as mentioned earlier.;