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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
R. Chandra – Appellant
Versus
Senthil Andavan Thiruvarul Food Nidhi – Respondent
| Table of Content |
|---|
| 1. details of the litigation history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. criteria for condonation of delay. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. assessment of reasons for delay. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. conclusion on dismissal of petition. (Para 22 , 23) |
ORDER :
1. The above application has been filed under Section 5 of Limitation Act., to condone the delay of 1325 days in filing the second appeal, challenging the judgment and decree made in A.S.No.11 of 2018, dated 11.01.2019 on the file of the Principal Subordinate Court Kumbakonam, partly allowing the judgment and decree passed in O.S.No.83 of 2009, dated 28.09.2016 on the file of the I Additional District Munsif Court, Kumbakonam.
2. The appellants are defendants 1 to 3. The first respondent, as plaintiff, filed a suit in O.S.No.83 of 2009 seeking a declaration that the suit property belongs to them, recovery of possession, a mandatory injunction directing removal of the Reliance tower, and for past profits as well as future mesne profits.
3. The defendants 1 to 4 filed their written statement and contested the suit. The learned I Additional District Munsif Court, Kumbakonam, after framing necess
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....
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.
Delay in representing appeals cannot be condoned without sufficient cause; failure to explain inordinate delay reflects gross negligence, warranting dismissal.
The court held that the appellants' explanation for the delay in filing the appeal was not satisfactory and that they were aware of the judgment and decree of the lower appellate court, as evidenced ....
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