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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Sarasabai – Appellant
Versus
Nalina – Respondent
| Table of Content |
|---|
| 1. application for condonation under limitation act. (Para 1 , 3) |
| 2. reasons cited for delay assessed as inadequate. (Para 4 , 12 , 12 , 18) |
| 3. appeal dismissed under res judicata doctrine. (Para 5 , 20) |
ORDER :
The above application has been filed under Section 5 of Limitation Act, to condone the delay of 978 days in filing the second appeal, challenging the judgment and decree made in A.S.No.24 of 2018, dated 30.06.2022 on the file of the learned Subordinate Judge (Camp Court) at Padmanabhapuram, confirming the judgment and decree, dated 08.06.2014 passed in O.S.No.81 of 2014 on the file of the Principal District Munsif Court, Padmanabhapuram.
3.The appellants/defendants filed their written statement and contested the suit. The defendants filed a counter claim, claiming mandatory injunction directing the plaintiffs to vacate the suit schedule house within a specific time to be fixed by the Court. The learned Principal District Munsif, Padmanabhapuram, after framing necessary issues and after full trial, passed the judgment, dated 08.06.2017, partly allowing the suit and granting the reliefs of declaration of right of residence in the house situated in the first item of
Insufficient cause for condoning the delay in filing an appeal under Section 5 of the Limitation Act leads to dismissal of the appeal.
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....
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 ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an 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....
Delay in filing a second appeal cannot be condoned without sufficient cause; administrative reasons and natural calamities must be substantiated with evidence.
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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