(1.) The Civil Miscellaneous Petition is filed to condone the delay of 889 days in filing this present Appeal Suit against the Judgment and Decree passed in O.S.No.258 of 2016 dtd. 14/3/2018 on the file of the III Additional District Court, Salem.
(2.) Admittedly, the suit for Partition was decreed by the trial Court on 14/3/2018. It is a contested suit, wherein the petitioner is the 6th defendant.
(3.) The learned counsel for the petitioner contended that there was a collusion within the family members in demarcating the suit schedule properties as per the decree and therefore, there is a delay in filing the appeal suit. Execution Petition was filed and pending, when the suit itself was contested by the petitioner herein and the decree was passed on merits.