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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Annai Veilankanni Matha Kebi through its Managing Trustee – Appellant
Versus
Mohammed Abdul Kadhar – Respondent
| Table of Content |
|---|
| 1. introduction of the case and procedural history. (Para 1 , 2) |
| 2. arguments regarding delay in filing the appeal. (Para 3 , 4) |
| 3. court's examination of condonation principles and petitioner's justification. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 13 , 14 , 16 , 17) |
| 4. determination of sufficient cause for delay and second appeal standard. (Para 12 , 15 , 18 , 19) |
| 5. final dismissal of the petition. (Para 20) |
ORDER :
K. Murali Shankar, J.
The above petition has been filed, invoking Section 5 of Limitation Act to condone the delay of 520 days in filing the Second Appeal, challenging the judgment and decree made in A.S.No.43 of 2022, dated 21.09.2023, on the file of the Principal Subordinate Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.363 of 2013, dated 19.04.2022, on the file of the Principal District Munsif Court, Tirunelveli.
2. The petitioner/appellant, as plaintiff, filed a suit in O.S.No.363 of 2013, on the file of the Principal District Munsif Court, Tirunelveli claiming permanent injunction restraining the defendants and their men from in any manner forming a road or interfering with the plaintiff's peaceful possession and enjoyment of II sch
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
Insufficient cause for condoning the delay in filing an appeal under Section 5 of the Limitation Act leads to dismissal of the appeal.
Timeliness in legal proceedings is critical, and mere health claims must be substantiated with evidence to justify delays in filings; lack of sufficient cause leads to dismissal of condonation applic....
The court ruled that the petitioners failed to establish sufficient cause to condone a 1325-day delay in filing an appeal, emphasizing the necessity of a bona fide explanation under the Limitation Ac....
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