KALYANI AMMAL Vs. VINAYAGA SUNDARAM PILLAI

JUDGEMENT

(1.) This application has been filed to condone the delay of 2527 days in preferring the Second Appeal against the judgment of the first appellate court in A.S.No.94 of 2010.

(2.) The reason assigned for such huge delay can be culled out from paragraph No.6 of the affidavit filed in support of this petition, which are as follows:-

(3.) The learned counsel appearing for the petitioner would contend that as the first appeal was dismissed in the year 2010 itself, thereafter, the owner of the property filed a suit in O.S.No.228 of 2014 for recovery of possession. In the above suit, he has filed a xerox copy of the subsequent agreement dated 11.09.1991, whereas in the previous suit in O.S.No.60 of 2003, he disputed the above agreement. Since in the subsequent suit, he himself has filed a xerox copy and exhibited as exhibit P.11, it has necessitated the present petitioner to file the present second appeal as against A.S.No.94 of 2010.