The court cannot condone excessive delays in appeal filings without substantial justification.

COMMON ORDER

This civil miscellaneous petition has been filed to condone the delay of

2804 days in filing the second appeal.

2. It is seen from the affidavit filed in support of the petition, the judgment and decree in the first appeal was passed by the first appellate court on 11.04.2017 and the second appeal has been filed only on 28.03.2025. In the affidavit filed in the support of the petition, the petitioners have not given any reason for the delay of 2804 days in challenging the judgment passed by the first appellate court. The only reason given in the affidavit is that the petitioners have got fair chances of success and therefore, the delay may be condoned. 3. It is settled law that in a condone delay petition, the court should not go into the merits of the case. Merely because the petitioners believed that they have got very good case in the second appeal, the delay in filing the second appeal cannot be condoned. In the affidavit, the petitioners have not given any reason for condoning such inordinate delay of 2804 days , except to state that the petitioners have got a very good case on merits. Apart from the said reason, the petitioners pleaded that the case bundle was misplaced by the counsel and hence, they could not file the second appeal immediately. In the affidavit, there was mention about the health issue of the 2^nd petitioner. But, no medical document has been produced to substantiate the said vague plea. Therefore, based on the vague pleas raised by the petitioners about the misplacement of bundle and health problem, this court is not inclined to condone such inordinate delay of 2804 days in filing the second appeal.

4. Accordingly, this civil miscellaneous petition is dismissed.

Consequently, the second appeal is rejected at the SR stage itself. There shall be no order as to costs.