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2015 Supreme(SC) 45

M.Y.EQBAL, KURIAN JOSEPH
Executive Officer, Antiyur Town Panchayat – Appellant
Versus
G. Arumugam (D) by LRs. – Respondent


JUDGMENT

KURIAN, J.: -

1. Appellant is aggrieved by the impugned order passed by the High Court declining to condone the delay of 1373 days in filing the appeal against the judgment dated 14.11.2000 in A.S. No. 108 of 1999 on the file of the Subordinate Judge, Bhavani, Erode District, Tamil Nadu. The first respondent herein filed O.S. No. 267 of 1992 on the file of the Additional District Munsif Court, Bhavani, Tamil Nadu for declaration and possession of the suit land. The Gram Panchayat, defendant in the suit, contended that the suit land is Natham Poramboke and the possession and records of title are in the name of the Panchayat. The trial court dismissed the suit by judgment dated 11.07.1997. The complainant-first respondent herein filed first appeal as A.S. No. 108 of 1999. The appeal was allowed and the suit was decreed by judgment dated 14.11.2000.

2. It appears, no steps were taken by the Executive Officer of the Panchayat at the relevant time. When the Executive Officer, at the time of filing the second appeal, came to know of the proceedings when steps for eviction were taken in execution, he immediately took steps and filed an application on 26.10.2004 for certified copy




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