JUDGMENT :

The above second appeal is filed by plaintiff in the suit against the judgment and decree dated 23.07.2018 in A.S.No.31 of 2013 on the file of Principal District Judge, Chittoor, confirming the judgment and decree dated 05.02.2013 in O.S.No.230 of 2002 on the file of Additional Senior Civil Judge, Chittoor.

2. For the sake of convenience and brevity, the parties herein are referred to as they are arrayed in the suit.

3. Plaintiffs, being minors represented by their mother and guardian Jaheerunnisa, filed suit O.S.No.230 of 2002, seeking partition of plaint schedule property. Pending the suit, as per the endorsement in cause title, plaintiffs were declared as majors as per orders in I.A.No.626 of 2012 dated 23.08.2012.

4. On contest, the suit was dismissed vide judgment and decree dated 05.02.2013. Against the said judgment and decree, plaintiffs filed appeal A.S.No.31 of 2013 and the same was dismissed vide judgment and decree dated 23.07.2018. Assailing the same, the above second appeal is filed with a delay of 1191 days.

5. In the affidavit filed in support of the petition to condone the delay of 1191 days in filing the second appeal, it was pleaded in Paragraphs 6 and 7 as follows:

“6. I submit that the first appeal A.S.No.31 of 2013 was disposed of on 23.07.2018. By then, we have delayed in obtaining the certified copy of judgment and decree. In fact, it was made ready on 26.10.2021. By that time the prescribed of 90 days to prefer the appeal was elapsed.

7. I submit that myself alone had acquainted with the present case issues. My brother and sister have no knowledge whatsoever pertains to the Court cases. I submit that as I become sick during October, 2018, I could not meet my counsel to take the case file and also the certified copy of the decree and judgment in the appeal to file the present second appeal. I submit that it is a fact that from the date of judgment of the appeal i.e., 26.07.2018 till 23.03.2020 excluding the period of limitation of 90 days, there appears there was a delay of more than 500 days, however, after 23.03.2020 till date we were incapacitated to undertake a journey to Amaravathi to meet our counsel and instruct him to file the appeal due to widespread Covid-19. However, the fact remains there is admittedly delay in filing the second appeal. The said delay on computation from 26.07.2018 till date excluding the limitation period of 90 days, it would come to more than 1191 days approximately. However, taking into consideration of the factum of involvement of our valuable and substantial rights in the plaint schedule property, we hereby pray to take a lenient view on the issue of delay and to consider the main appeal for providing remedial justice to us.”

6. The affidavit filed in support of the petition was deposed by Syed Basha, 1st appellant, 1st plaintiff in the suit. This Court ordered notices to respondent and 2nd respondent filed counter affidavit.

7. In the counter affidavit filed by 2nd respondent it was contended interalia that ignorance cannot be pleaded in the light of legal principle “ignorantia juris non-excusat”. It was further pleaded that the deponent failed to disclose the nature and severity of illness and the details of treatment undergone by him, to overcome such illness. The appellants failed to explain the delay of more than 500 days even before start of pandemic period. Appellants failed to show cause, which is beyond their control for causing such inordinate delay and eventually prayed the Court to dismiss the application.

8. As seen from the certified copy of judgment in A.S.No.31 of 2013, Appellate Court pronounced the judgment on 23.07.2018 and application to get the certified copy was made on 07.09.2021 and copy was made ready on 26.10.2021. However, second appeal was presented on 15.03.2022.

9. The Hon’ble Apex Court in Miscellaneous Application Nos.21 of 2022 and 29 of 2022 in Suo Motu Writ Petition (C) No.3 of 2020 by order dated 10.01.2022 suspended the limitation i