GOPAL Vs. COMMISSIONER, WALAJAPET MUNCIPALITY, WALAJAPET

JUDGEMENT

(1.) The above petition is filed for condoning the delay of 1072 days in filing the second appeal.

(2.) The reason given for the delay is that after the appeal filed by the appellants herein was dismissed by the Subordinate Judge, Ranipet on 20/2/2019, the printed copy of the judgment and decree was applied only in November 2019. The appellants would submit that their father, Gopal, who was the sole defendant had fallen ill and was not in a position to contact his counsel for further proceedings. Thereafter, on 23/3/2020, the national lock down was imposed from 23/3/2020 on account of the covid pandemic. This was also a reason for the sole defendant being unable to pursue the matter further. Thereafter, he passed away on 29/4/2022 leaving behind the appellants herein as his legal representatives. They had thereafter contacted their counsel and obtained the copies and instructed the present counsel for filing the second appeal. As a result of which, the delay has crept in.

(3.) A counter has been filed by the respondent-Municipality interalia contending that the very institution of the suit is by suppression of facts. The suit O.S.No.55 of 2015, instituted on the file of the District Munsif, Walajapet, from out of which the present second appeal emanates, was filed by the respondent-Municipality for declaring the exparte decree which the sole defendant had obtained in a suit O.S.No.46 of 2006 as null and void and not binding on the plaintiff and for an injunction restraining the defendant his men, agents and servants from interfering with the peaceful possession and enjoyment of the suit property.