R.RAJU Vs. RANGASWAMY

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the respondents on I.A.No.1/2017, where there is a delay of 670 days in filing the appeal.

(2.) In support of the application, an affidavit is sworn to by the appellant that recently during the month of April, 2017, he reliably learnt that the respondents have applied to the Vatalu Grama Panchayath, seeking change of khatha in respect of the suit schedule property on the basis of the judgment and decree passed by the Lower Appellate Court. Immediately, he gave letter to the Panchayath on 27/4/2017 stating that there is no order declaring the respondents as owners and requested them not to consider their application for change of khatha. Hence, there is a delay in filing the appeal.

(3.) Having perused the records, there was judgment and decree in favour of the appellant in O.S.No.103/2002 and injunction is granted in favour of the appellant and restrained the respondents in interfering with peaceful possession and enjoyment of the property and being aggrieved by the said judgment and decree, the defendants had filed an appeal in R.A.No.14/2009 and the same was allowed and reversed the findings of the Trial Court vide order dtd. 31/3/2015 and this appeal is filed after two years, two months in the month of May, 2017 and reason assigned in the affidavit is that when the application was filed for change of khatha, he gave objections with the Village Panchayath and thereafter, he had filed this appeal.