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2019 Supreme(Mad) 2713

S.M.SUBRAMANIAM
C. Ravi – Appellant
Versus
Sulochana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Deva Raj.
For the Respondent: A.K. Raghavelu.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Civil Miscellaneous Petition filed under Order 41 Rule 3A of CPC, 1908 to condone the delay of 668 days in filing the appeal against the judgment and decree dated 03.03.2017 in O.S. No. 2 of 2014 on the file of the I Additional District and Sessions Judge, Vellore, Vellore District.

1. This Civil Miscellaneous Petition is filed to condone the delay of 668 days in filing the appeal against the judgment and decree dated 03.03.2017 in O.S. No. 2 of 2014.

2. The suit was filed for partition and the petitioner is the second defendant in the Original Suit. The appeal suit is filed challenging the preliminary decree passed in the partition suit and it is an admitted fact that an Interlocutory Application has already been filed by the respondents before the Trial Court for passing final decree and in that Interlocutory Application one Mr. V.B. Bhaskar, is appointed as an Advocate Commissioner, who in-turn received the remuneration of Rs. 20,000/- also and for the process of preparing the final report to be submitted before the Trial Court for passing a final decree, the case is listed for filing report on 09.01.2020.

3. Under these circumstances, the Firs

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