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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Rajadurai – Appellant
Versus
S.Nagaraj – Respondent
ORDER :
K.MURALI SHANKAR, J.
The Civil Miscellaneous Petition has been filed invoking Section 5 of Limitation Act seeking orders to condone the delay of 2067 days in filing the second appeal, challenging the judgment and decree made in A.S.No.26 of 2015 dated 20.08.2018 on the file of the Subordinate Court, Theni, confirming the judgment and decree passed in O.S.No.92 of 2014 dated 20.03.2015 on the file of the District Munsif Court, Theni.
2. The petitioners / appellants are the defendants. The respondent / plaintiff filed a suit in O.S.No.92 of 2014 before the District Munsif Court, Theni, claiming permanent injunction restraining the petitioners /defendants and their men from in any manner interfering with the respondent / plaintiff's peaceful possession and enjoyment of the suit property.
3. The petitioners / defendants filed a written statement and contested the suit.
4. The learned District Munsif, Theni, after framing necessary issues and after full trial, passed a judgment and decree dated 20.03.2015 granting permanent injunction in respect of 2½ cents in the suit property restraining the petitioners / defendants and their men from in any manner interfering with the respondent /
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 established that inordinate delays in litigation must be justified with substantial evidence, and failure to do so results in dismissal of petitions.
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....
Delay in representing appeals cannot be condoned without sufficient cause; failure to explain inordinate delay reflects gross negligence, warranting dismissal.
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