BHUVANESWARI Vs. R.MARAGATHAM

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 4162 days in filing the appeal suit against the judgment and decree dated 18.12.2007 made in O.S.No.21 of 2007 on the file of the 3rd Additional District Court, Dharapuram.

(2.) The petitioner appellant is the second defendant in the suit and the suit was instituted for Partition. Admittedly, the preliminary decree was passed and subsequently, the final decree was also passed by the trial Court.

(3.) The learned counsel appearing on behalf of the petitioner states that after passing of the final decree, the petitioner appellant found certain difficulties in division of properties and also he is of an opinion that he is entitled for larger portion of the property. In other words, the petitioner appellant is of an opinion that his entitlement of share has improperly decided in the preliminary decree and therefore, he has chosen to file the present appeal suit, challenging the preliminary decree passed in O.S.No.21 of 2007 dated 18.12.2007.