RAJAMMA Vs. MALLAMMA

JUDGEMENT

(1.) THE appellants are before this Court assailing the judgment and decree dated 08.09.2009 passed in O.S.No.38/2007 and the order dated 14.06.2011 passed on IA.No.1 in R.A.No.21/2010 and the consequential order on dismissal of the appeal.

(2.) THE appellants herein are the plaintiffs in O.S.No.38/2007. The suit was filed seeking for partition and separate possession of their share in the suit schedule property. The trial Court after consideration of the evidence available on record had dismissed the suit. The plaintiffs were therefore before the Lower Appellate Court in R.A.No.21/2010. Since, there was delay of 90 days in filing the appeal, the application in IA.No.1 under Section 5 of the Limitation Act was filed seeking condonation of delay and consideration of appeal on its merits. The Lower Appellate Court has dismissed IA.No.1 and has consequently dismissed the appeal. Since, the Lower Appellate Court has not considered the matter on its merits, the only substantial question for consideration at this stage is :

(3.) IN order to consider the question raised herein, I have perused the appeal papers.