(1.) The Civil Miscellaneous Petition in C.M.P.No.12706 of 2019 is filed to condone the delay of 913 days (about 3 years) in filing the appeal suit against the judgment and decree passed in O.S.No.11074 of 2010.
(2.) The learned counsel appearing on behalf of the petitioner made a submission that the reason for such a huge delay is explained as the petitioner had preferred a Review Petition in Review Petition No.134 of 2016 before the trial Court, challenging the decree and judgment passed.
(3.) It is contended that the auction of the suit property was done without proper notice to the petitioner and the trial Court also not considered certain grounds and a review petition was filed by the petitioner to review the judgment and decree passed in O.S.No.11074 of 2010. The Review Petition was pending for about three years and after the dismissal of the Review Petition, the present first appeal is filed and therefore, the delay is to be condoned and the delay is neither willful nor wanton and on account of the pendency of the Review petition before the trial Court.