V GAJENDAN Vs. MANI

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 3050 days in filing the Second Appeal, against the Judgment and Decree in A.S.No.58 of 2001, dated 21.11.2002.

(2.) The plaintiff, in a suit for declaration of title and for permanent injunction or in the alternative for delivery of possession of 'B' schedule property in O.S.No.87 of 1997 on the file of the District Munsif, Poonamallee, has preferred the above Second Appeal with a delay of 3050 days.

(3.) The plaintiff has based his claim on a Sale Deed dated 25.01981. The above said suit was decreed in favour of the petitioner herein. Challenging the same, the respondents herein had filed an appeal in A.S.No.58 of 2001 on the file of the Additional Sub Court, Chengalpet. The petitioner has stated that he had not received any notice in the said appeal. Originally, the first appeal was filed before the Subordinate Judge, Poonamallee as A.S.No.11 of 1999. Notice was ordered in the first appeal and the appeal was posted on several occasions for taking steps to send notice to the petitioner. It is also stated in the affidavit that the said A.S.No.11 of 1999 was transferred to the file of the Sub Court, Chengalpet from the Sub Court, Poonamallee and was re-numbered as A.S.No.58 of 2001.