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2023 Supreme(Mad) 478

S. M. SUBRAMANIAM
A. Senthilkumar – Appellant
Versus
K. Nirmala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.J.Rajmohan
For the Respondent: Mr.R.Bharath Kumar

ORDER :

C.M.P.No.10433 of 2022 is filed under Order 41 Rule 3A of the Civil Procedure Code, to condone the delay of 592 days in filing the First Appeal against the Judgment and Decree dated 21.12.2017 passed in O.S.No.672 of 2011 on the file of the I Additional District Judge at Coimbatore.

A.S.Sr.No.3970 of 2022 is filed under Section 96 of the Civil Procedure Code, to set aside the Judgment and Decree dated 21.12.2017 passed in O.S.No.672 of 2011 on the file of the I Additional District Judge at Coimbatore.

The civil miscellaneous petition is filed to condone the delay of 592 days in filing the Appeal Suit against the judgment and decree dated 21.12.2017 passed in O.S.No.672 of 2011.

2. The Appeal has been filed after five years from the date of passing of the decree in the Suit. It is brought to the notice of this Court that the preliminary decree was passed on 21.12.2017 in the Suit and subsequently, the final decree was passed in the partition Suit on 25.11.2021. Thereafter, the petitioner has chosen to file the Appeal Suit with a delay of 592 days.

3. The reasons stated by the petitioner in the accompanying affidavit filed in support of the present civil miscellaneous petition is

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