ORDER :

[C.M.P.No.21332 of 2022 is filed under Order 41 Rule 3(A) of the Code of Civil Procedure, praying to condone the delay of 889 days in filing this present Appeal Suit against the Judgment and Decree passed in O.S.No.258 of 2016 dated 14.03.2018 on the file of the III Additional District Court, Salem pending disposal of the above first appeal. A.S.Sr.No.121274 of 2022 is filed under order XLI Rule I and Section 96 of the Code of Civil Procedure, against the Judgment and Decree made in O.S.No.258 of 2016 dated 14.03.2018 on the file of the III Additional District Court, Salem.]

1. The Civil Miscellaneous Petition is filed to condone the delay of 889 days in filing this present Appeal Suit against the Judgment and Decree passed in O.S.No.258 of 2016 dated 14.03.2018 on the file of the III Additional District Court, Salem.

2. Admittedly, the suit for Partition was decreed by the trial Court on 14.03.2018. It is a contested suit, wherein the petitioner is the 6th defendant.

3. The learned counsel for the petitioner contended that there was a collusion within the family members in demarcating the suit schedule properties as per the decree and therefore, there is a delay in filing th