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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Lebanon Thirusabai Rep. by its Pastor Samuel – Appellant
Versus
Saraswathi – Respondent
| Table of Content |
|---|
| 1. appellant failed to file first appeal against trial decree. (Para 2) |
| 2. inordinate 2645-day delay lacks sufficient cause for condonation. (Para 3 , 4) |
COMMON ORDER
This civil miscellaneous petition has been filed condone the delay of 2645 days in filing the second appeal.
2. It is seen from the typed set of papers that the first appeal filed by the respondents 1 and 2 in A.S.No.303 of 2011 was dismissed by the first appellate court on 29.06.2018. The appellant herein was arrayed as 2nd respondent in the said first appeal. It is also seen from the typed set of papers that the third respondent herein, namely D.Amudha, filed a suit in O.S.No.1735 of 2001 for declaration of title and recovery of possession. The respondents 1 and 2 and the appellant herein were arrayed as defendants 1 to 3 in the said suit and it was decreed by the trial court. The appellant herein did not challenge the decree passed by the trial court by filing first appeal and it was challenged only by the respondents 1 and 2 herein in A.S.No.303 of 2011. The said first appeal was dismissed by the first appellate court on 29.06.2018. Aggrieved by the same, the petitioner/ appellant herein/ 3rd defenda
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