NARAYANASAMY Vs. KESAVAN

JUDGEMENT

(1.) The petitioner, who was the second defendant in the suit filed by the first respondent herein seeking relief of specific performance has come forward the petition seeking to condone the delay of 1736 days in filing the second appeal.

(2.) The first respondent herein filed in O.S.No.152 of 1996 dated 27.09.2002 on the file of the Sub-Court, Periyakulam, Theni District, seeking relief of specific performance and possession of the property and against the second respondent herein/ first defendant and petitioner herein/second defendant. The suit was decreed as prayed for on 27.09.2002 and aggrieved over the same, the petitioner/second defendant herein preferred A.S.No.23 of 2006, on the file of the learned Additional District Judge/ Fast Track Court, Periyakulam and the same was dismissed, by a judgment dated 18.10.2011, confirming the judgment and decree of the Trial Court passed in O.S.No.152 of 1996, dated 27.09.2002

(3.) Challenging the said finding of the first appellate court in A.S.No.23 of 2006, the petitioner/second defendant has now come forward the petition to condone the delay of 1736 days in preferring the second appeal.