Delay in filing second appeal without sufficient justification leads to dismissal.

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of

1505 days delay in filing the second appeal.

2. The respondent herein obtained a decree for injunction in O.S.No.24 of

2017 dated 26.09.2019 restraining the petitioner/defendant from interfering with his possession of the suit property. The suit was decreed by the Trial Court. The first appellate court affirmed the said judgment and decree in A.S.No.03 of 2021 on 30.07.2021 with regard to prohibitory injunction alone. The present second appeal has been filed only on 15.12.2025 with a delay of 1505 days.

3. In the affidavit filed in support of the condone delay petition, it was stated by the petitioner that the respondent filed execution petition in E.P.No.4 of 2025 and after receipt of the notice in the said execution petition, the petitioner acquired knowledge about the ill intention of the respondent and hence, he decided to file the present appeal.

4. As per the Limitation Act, the petitioner has to file the present second appeal within the 90 days from the date of judgment of the first appellate court, subject to exclusion of time taken for getting certified copy of the judgment and decree. In the case on hand, the petitioner made averments in the affidavit that the respondent filed Execution Petition only after 4 years and therefore, he decided to file the instant second appeal, after 4 years.

5. If the petitioner is aggrieved by the decree for permanent injunction passed by the trial court, as confirmed by the first appellate court, he should have decided to challenge the same immediately. Merely because the respondent filed execution petition to execute the decree after 4 years, the petitioner will not get any extension of time for filing second appeal. Therefore, the petitioner has not given any convincing reason for condoning such a long delay of 1505 days in filing the second appeal.

6. Accordingly, this civil miscellaneous petition is dismissed.

Consequently, the second appeal in SA SR No.208330 of 2025 is rejected at the SR stage itself. There shall be no order as to costs.