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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
N. Govindarajan – Appellant
Versus
Ravindran – Respondent
| Table of Content |
|---|
| 1. delay condonation is being sought under the limitation act. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding the delay. (Para 4 , 5) |
| 3. observation on the impact of covid-19 on court proceedings. (Para 6 , 10 , 11) |
| 4. legal principles guiding the decision on delay. (Para 7 , 8 , 9 , 12 , 14) |
| 5. final judgment regarding the dismissal of the petition. (Para 15) |
COMMON ORDER :
K. MURALI SHANKAR, J.
The Civil Miscellaneous Petition has been filed invoking Order IV Rule 9(4) of Madras High Court Appellate Side Rules seeking orders to condone the delay of 2032 days in representing the second appeal in S.A. (MD)SR.No.4604 of 2020 against the judgment and decree made in A.S.No.29 of 2018 dated 12.07.2019 on the file of the Subordinate Court, Ramanathapuram, partly allowing the judgment and decree passed in O.S.No.185 of 2013 dated 12.03.2018 on the file of the District Munsif Court, Ramanathapuram.
2. The petitioners filed a suit in O.S.No.185 of 2013 on the file of the District Munsif Court, Ramanathapuram claiming the reliefs of declaration, permanent injunction and mandatory injunction. The learned District Munsif, after full trial, passed a judgment and decr
The court established that inordinate delays in litigation must be justified with substantial evidence, and failure to do so results in dismissal of petitions.
Delay in representing appeals cannot be condoned without sufficient cause; failure to explain inordinate delay reflects gross negligence, warranting dismissal.
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....
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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