CLAIRE JOSEPHINE CARNOT Vs. ARAMAND DE LA VICTOIRE

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 1157 days in filing an appeal suit against the judgment and decree passed in O. S. No. 24 of 2007 dated 16. 03. 2016.

(2.) The suit is for recovery of possession and the Trial Court decreed the suit on 16. 03. 2016. However, the appeal suit is filed now after the delay of 1157 days (3 1/2 years). The learned counsel appearing on behalf of the petitioner states that the other party has already preferred an appeal which is pending in A. S. No. 508 of 2016 and therefore, the delay may be condoned.

(3.) This Court is of the considered opinion that the petitioner would have received notice in the other appeal filed by the other party. Thus, he should have preferred either an cross objection or an appeal atleast at that point of time. However, the petitioner has not pursued the remedy pertinently and caused delay of more than 1157 days.