NALLALAGHI Vs. PERIYA KALINGAN

JUDGEMENT

(1.) The above Civil Revision Petition is directed against the judgment of the Subordinate Judge, Namakkal in I.A. No.441 of 2005 in unnumbered First Appeal in A.S. No. of 2005 dismissing the petitioners' application to condone the delay of 387 days in filing the appeal.

(2.) The petitioners originally had filed an Original Suit in O.S. No.544 of 2000 on the file of the District Munsif, Namakkal seeking a declaration of title and for consequential injunction in respect of the suit property. The said suit was dismissed on 22.06.2004. The revision petitioners did not immediately take up the matter on appeal. Thereafter, on 26.09.2005, the petitioners had filed I.A. No.441 of 2005 in unnumbered A.S. No. of 2005 on the file of the Sub Court, Namakkal seeking to condone the delay of 387 days in filing the appeal.

(3.) The reasons that have been adduced in the affidavit filed in support of the application for condoning the delay is that though the petitioners had obtained the certified copy of the order within a few days of the same being made ready by the registry and though they had handed over the same to the Advocate for preferring an Appeal, subsequently the first petitioner had met with an accident in which he had suffered a fracture in his hip for which he had taken treatment. They would also contend that the second petitioner had left for eking his livelihood to Bangalore since there was no work in his native village. Thereafter, when they had returned to Namakkal and contacted their Advocate, they were informed that there was a delay and they were advised to file an Appeal with an Application to condone the delay.