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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
M. Madasamy – Appellant
Versus
P. Murugan @ Murugaiah – Respondent
ORDER :
1. The above application has been filed under Section 5 of Limitation Act, to condone the delay of 770 days in filing the second appeal against the judgment and decree made in A.S. No.133 of 2019, dated 13.10.2022 on the file of the Principal Sub Court, Tirunelveli, confirming the judgment and decree passed in O.S. No.128 of 2015 on the file of the I Additional District Munsif, Tirunelveli, dated 11.01.2019.
2. The appellant as plaintiff filed the suit in O.S.No.128 of 2015, on the file of the I Additional District Munsif, Tirunelveli, claiming the reliefs to declare that the suit property is belonging to the plaintiff and for consequential permanent injunction, restraining the defendant and his men from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property.
3. The respondent/defendant filed a written statement and contested the suit. The learned I Additional District Munsif, Tirunelveli, after framing necessary issues and after full trial, passed the judgment, dated 11.01.2019, dismissing the suit. Aggrieved by the dismissal of the suit, the plaintiff filed an appeal in A.S.No.133 of 2019 and the learned Principal Sub Judge, Tir
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 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....
Delay in filing an appeal may be condoned if sufficient cause is established, ensuring justice for both parties involved.
Insufficient cause for condoning the delay in filing an appeal under Section 5 of the Limitation Act leads to dismissal of the appeal.
Point of Law : “Sufficient cause” is decisive factor while condoning delay.
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