ORDER :

[C.M.P.No.11947 of 2021 is filed under Order 41 Rule 3 A read with Order 42 Rule 1 of the Code of Civil Procedure, to condone the delay of 2646 days in filing the First Appeal.]

[A.S.Sr.No.45657 of 2021 is filed under Section 96 of the Code of Civil Procedure read with Order 41 Rule 1 & 2 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 29.10.2012 made in O.S.No.160 of 2011 on the file of the I Additional District Court, Coimbatore.]

1. The Civil Miscellaneous Petition has been filed to condone the delay of 2646 days in filing the First Appeal, challenging the Judgment and Decree dated 29.10.2012 made in O.S.No.160 of 2011 on the file of the I Additional District Court, Coimbatore.

2. The learned counsel appearing on behalf of the petitioner mainly contended that the petitioner has mediated with the respondent for the purpose of settling the issues. On account of such mediation, the petitioner has not chosen to file the appeal suit immediately and thus, the delay is to be condoned.

3. The learned counsel appearing on behalf of the respondents 1 and 2, denied the said contention by stating that there was no Mediation and the reasons stated in the affi