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2023 Supreme(Mad) 444

S. M. SUBRAMANIAM
J. S. Augustine Babu Raj – Appellant
Versus
Special Commissioner for Land Reforms, Chepauk, Chennai – 600005 – Respondent


Advocates Appeared:
For the Petitioners: Mrs. R. Revathy.

ORDER :

[C.M.P.No.7710 of 2022 is filed under Section 5 of the Limitation Act read with Section 151 of the Civil Procedure Code, to condone the delay of 1066 days in filing the Appeal.]

[A.S.Sr.No.34905 of 2022 is filed under Section 96 of the Civil Procedure Code, to set aside the Judgment and Decree passed by the Hon'ble Judge XIX, Additional City Civil Court, Chennai in O.S.No.11108 of 2010 (C.S.No.747 of 2009 dated 22.11.2018) and decree the Suit.]

1. The Civil Miscellaneous Petition is filed to condone the delay of 1066 days in filing this present Appeal Suit against the Judgment and Decree passed by the Hon'ble Judge XIX, Additional City Civil Court, Chennai in O.S.No.11108 of 2010 (C.S.No.747 of 2009 dated 22.11.2018) and decree the Suit.

2. The learned counsel appearing on behalf of the petitioner mainly contended that the petitioners are husband and wife and both were not well and had to meet the Doctors for the purpose of taking treatment.

3. To substantiate the said illness of both the petitioners, the petitioners have not filed any documents or evidences. In the absence of any evidence to establish the reason, long delay cannot be condoned by the Courts in a routine manner

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