H. ASHOK Vs. H. SURESH

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed to condone the delay of 280 days in filing the appeal suit against the final decree dated 20.06.2018 made in I.A.No.47 of 2017 in O.S.No.2210 of 2014 and supplementary decree dated 17.07.2018 made in I.A.No.112 of 2018 in O.S.No.2210 of 2014 on the file of the learned XVII Additional Judge, City Civil Court, Chennai.

(2.) The petitioner, who was the second defendant in the suit for partition, has chosen to file the appeal suit, challenging the final decree passed by the Trial Court. The final decree became final and the parties accepted the same and subsequently based on the application filed for passing the final decree, an Advocate Commissioner was appointed and thereafter, the Trial Court passed the final decree.

(3.) The reasons stipulated for condoning the huge delay of 280 days in filing the appeal suit by the petitioner is that after passing of the final decree on 20.06.2018, an application was filed for a supplementary decree in I.A.No.112 of 2018 in I.A.No.47 of 2017 in O.S.No.2210 of 2014 and the petitioner was waiting for the supplementary final decree in I.A.No.112 of 2018 and therefore, he has not chosen to file any appeal suit against the final decree passed on 20.06.2018.