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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 :
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.
4. The petitioners/defendants 1 to 3 in their application to condone the delay have narrated the merits of the main case in most of the paragraphs and their case with regard to the delay condonation is that the appeal in A.S.No.11 of 2018 pending on the file of the Principal Subordinate Court Kumbakonam, was followed by the third respondent, who was also party to the proceedings; that the Court proceedings and the status of the appeal were followed by him, but unfortunately he had not stated about the status of the case to the petitioners; that the petitioners came to know that he c
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 ....
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....
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