N SHEELA Vs. SULOCHANA

JUDGEMENT

(1.) Third defendant and the legal representatives of the plaintiff and the fourth defendant in a suit for partition, are the appellants in the second appeal.

(2.) There are 10 items of properties in the suit. In terms of the preliminary decree, the suit properties were directed to be divided into eight equal shares. The plaintiff as also defendants 3 and 4 are entitled to 1/8th share each of the suit properties. When the preliminary decree passed in the suit became final, the seventh defendant filed an application for passing of a final decree. In the said application, the trial court appointed an Advocate Commissioner, who in turn, after inspecting the properties filed a detailed report allotting different portions of the properties to the parties in terms of the preliminary decree. None of the parties raised any objections against the allotment made by the Advocate Commissioner. Consequently, the trial Court accepted the report of the Advocate Commissioner and passed a final decree in terms of the allotment made by the Advocate Commissioner.

(3.) The appellants herein however challenged the the final decree in appeal out of time with an application to condone the delay of 277 days in filing the appeal. The appellate court found that the reason stated by the appellants to justify the delay of 277 days in preferring the appeal cannot be accepted as sufficient cause and consequently dismissed the appeal. Consequently, the appeal was also dismissed. It is aggrieved by the said decision of the courts below that the second appeal is preferred.