MUTHAMMAL Vs. THANGAM

JUDGEMENT

(1.) This petition has been filed to condone the delay of 5075 days in filing the Second Appeal.

(2.) On the side of the respondent, it was represented that final decree was already passed and an appeal against the final decree was also filed by the petitioners in A.S.No.91 of 2017, before the learned II Additional Subordinate Judge, Nagercoil. Hence, this Court called for report from the Lower Court.

(3.) The report from the Lower Court is received. From the report, it is clear that the petitioner filed an appeal against the preliminary decree passed by II Additional Munsif, Nagercoil, dated 31.08.1999 in A.S.No.96 of 1999 and the same was dismissed and a final decree petition in I.A.No.400 of 2013 was filed and the final decree was passed on 29.04.2017. Against the final decree, an appeal in A.S.No.91 of 2017 is filed and the same is pending before the II Additional Subordinate Judge, Nagercoil.