Second appeal by defendant who skipped first appeal is not maintainable; inordinate unexplained delay not condonable.

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 2^nd 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/ 3^rd defendant in the suit has filed the instant second appeal. The second appeal filed by the petitioner is not maintainable, because he has not chosen to challenge the decree passed by the trial court. Now the first appeal filed by the other defendants was also dismissed. In such circumstances, it is not open to the 3^rd defendant/appellant, who failed to file the first appeal, to file the second appeal challenging the dismissal of the first appeal filed by the other defendants.

3. Further, there is a delay of 2645 days in filing the second appeal. The first appeal judgment was delivered on 29.06.2018. It is seen from the typed set of papers that the appellant filed copy application only on 08.10.2025 and the same was made ready on 24.10.2025. Ultimately the second appeal has been filed on 13.11.2025. The petitioner has not given reasonable excuse for condoning the delay of nearly 7 years in filing copy application. In the affidavit filed in support of the condone delay petition, it was stated that the petitioner was under impression that the litigation would be taken care of by the other defendants. Further, it was also stated that after receipt of notice in the execution proceedings, the petitioner approached the legal heirs of the other defendants and they promised that they will file second appeal and will take care of the litigations. Admittedly, the petitioner has not filed the first appeal, challenging the decree passed by the trial court and hence, the second appeal filed by him is not maintainable. Further, the reasoning given by the petitioner, for condoning more than 7 years delay in filing the second appeal is not at all acceptable. Since the petitioner has not given sufficient cause to condone such inordinate delay, this court is not inclined to entertain this petition.

4. Accordingly, this civil miscellaneous petition is dismissed. As a consequence, the second appeal is dismissed at the SR stage itself. There shall be no order as to costs.