TIRUMANI Vs. SAKTHI

JUDGEMENT

(1.) Challenging the order of the appellate court dismissing the application to condone the delay of 1392 days in filing an application under Order 41 Rule 19 CPC, the present Civil Revision Petition has been filed.

(2.) Originally, the respondents 1 and 2 filed a suit in O.S.No.134 of 2011 on the file of the Principal Subordinate Court, Villupuram, for partition. The Trial Court passed a preliminary decree vide decree dtd. 19/8/2017 alloting half share in favour of the plaintiff in respect of the suit property. As against which, petitioners preferred an appeal in A.S.No.49 of 2017 on the file of the Additional District Court, Villupuram, and since there was no representation on the side of the appellants, the Appellate Court had dismissed the appeal for default on 26/8/2019. Only on receipt of notice in final decree proceedings in I.A.No.241 of 2024, the petitioners had filed the present application to condone the delay of 1392 days in filing the application under Order 41 Rule 19 of CPC. The appellate court dismissed the application. Challenging the same, the present revision.

(3.) The learned counsel for the petitioners submitted that the 1st petitioner was working as a Coolie in Bengaluru from 2019 till 2022; due to Covid-19 Pandemic, the 1st petitioner was unable coordinate with his counsel and check the status of the proceedings, and therefore, the delay.