A.C. SHANMUGAM Vs. MALATHI DEVI

JUDGEMENT

(1.) This civil miscellaneous petition has been filed under Section 5 of the Limitation Act, 1963 to condone the delay of 813 days in filing an application to restore the appeal in A.S.No.287 of 1994 on the file of this Court.

(2.) The petitioner herein has preferred the present appeal in A.S.No.287 of 1994, before this Court, challenging the Judgment and Decree dated 01.10.1992 and made in O.S.No.4192 of 1983, on the file of the learned IV Additional Judge, City Civil Court, Chennai.

(3.) The petitioner appears to have filed two suits viz., O.S.Nos.3777 of 1983 and 4192 of 1983 on the file of the learned IV Additional Judge, City Civil Court, Chennai. The suit in O.S.No.3777 of 1983 was filed as against the deceased respondent Malathi Devi and one Venugopal Naidu seeking the relief of permanent injunction as well as mandatory injunction. Another suit in O.S.No.4192 of 1983 was filed as against the deceased respondent seeking the relief of specific performance.