CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 31.07.2003 passed in O.S.No.87/1991 by the Court of the II Additional Civil Judge (Sr. Dn.) and CJM, Mangalore, D.K.District.

2. One Chennamma @ Parvathi and others have filed a suit for partition of the suit schedule property by metes and bounds and for delivery of their shares of the suit schedule property. The said suit came to be decreed with costs, plaintiff and defendant Nos.1 to 94 and defendant Nos.135 to 144 were held entitled to the share as mentioned in the judgment and the other defendants were also held entitled to the share as mentioned. The appellant claiming to be one of the legal heirs of Smt.Kochu, has filed this appeal stating that she was not arrayed as a party to the suit and she has a right and interest over the suit schedule property. The appeal is filed along with an application seeking condonation of delay of 7039 days.

3. The learned counsel for the appellant reiterates the grounds urged in the appeal and submits that the appellant is the grand daughter of Smt.Kochu and without making