LAWS(MAD)-2023-2-191

A. SENTHILKUMAR Vs. K. NIRMALA

Decided On February 09, 2023
A. SENTHILKUMAR Appellant
V/S
K. NIRMALA Respondents

JUDGEMENT

(1.) The civil miscellaneous petition is filed to condone the delay of 592 days in filing the Appeal Suit against the judgment and decree dtd. 21/12/2017 passed in O.S.No.672 of 2011.

(2.) The Appeal has been filed after five years from the date of passing of the decree in the Suit. It is brought to the notice of this Court that the preliminary decree was passed on 21/12/2017 in the Suit and subsequently, the final decree was passed in the partition Suit on 25/11/2021. Thereafter, the petitioner has chosen to file the Appeal Suit with a delay of 592 days.

(3.) The reasons stated by the petitioner in the accompanying affidavit filed in support of the present civil miscellaneous petition is that the learned counsel obtained judgment and decree copy in the year 2018 and the petitioner had not collected the certified copy of the order. It is further stated that the petitioner do not know any advocate in Chennai and requested the learned counsel, who appeared before the Trial Court and subsequently, filed an Appeal Suit.