G. MARUTHACHALAM Vs. N. JOTHIMANI

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been instituted to condone the delay of 880 days in filing the appeal suit against the judgment and decree dtd. 6/12/2018 passed in O.S.No.30 of 2012.

(2.) The petitioners are the defendants 1 to 3 in the suit and the suit was instituted by the respondents for partition. The decree was passed by the trial Court on 6/12/2018.

(3.) Learned counsel for the petitioners submitted that the parties were negotiating for settlement of issues. The second petitioner states that he went to abroad and therefore, not in a position to file an appeal immediately. He authorized his father to pursue the case, who, in turn, has not filed any appeal. After returning back to India, the second petitioner contacted his Advocate and filed an appeal with a delay of 880 days.