A court must deny petitions for condoning significant delays without sufficient cause, emphasizing diligence and proper justification.

ORDER

This petition has been filed seeking to condone the delay of 1694 days in filing the above appeal.

2. The suit has been filed for partition. The petitioner was arrayed as the second defendant. Preliminary decree has been passed to divide the suit property into eight equal shares.

3. It is the contention of the petitioner that since the defendants 1 and 3 are brothers contesting the matter, he trusted them, however, later he came to know that the defendants 1 and 3 have not properly contested the matter. According to him, he is in possession of 284 sq.ft., and the property cannot be partitioned. The suit has been filed only on the basis of patta, therefore, there cannot be partition.

4. Since, no adverse order is passed against the respondents, notice to them is dispensed with. Heard the learned counsel for the petitioner and perused the materials placed on record.

5. On perusal of the entire affidavit, this Court is of the view that this petition has been filed to condone such huge delay only in order to protract the partition suit to the maximum extent. The contention that possessory right held cannot be partitioned has no legs to stand. Similarly, the contention that property cannot be divided also has no legs to stand. These factors can be decided only in the final decree proceedings. At any event, there is no sufficient reasons in the entire affidavit filed in support of the petition to condone such huge delay.

6. Of course, the expression“sufficient cause” should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to a party. Casually filing the petition to condone the delay in filing without any proper reasons, such huge delay cannot be condoned. A Court granting indulgence must be satisfied that there was deligence on the part of the appellant and that he was not guilty of any negligence whatsoever. Where there is no sufficient cause for condoning the delay, the said delay should not be condoned as it amounts to a case of discretion not being exercised judicially. Hence, I do not find any merits to condone such huge delay in filing the appeal.

7. Accordingly, this petition stands dismissed and un-numbered appeal suit stands rejected. No costs.

01.04.2025 Index : Yes/No Internet : Yes/No dhk N.SATHISH KUMAR, J.

dhk To, 1.The III Additional Judge III Additional City Civil Court, Chennai

2.The Section Officer VR Section, Madras High Court CMP.No.7526 of 2025 in AS.SRNo.16216 of 2025

01.04.2025