D.MALLINATH JAIN Vs. D.NALINI

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 473 days in filing the appeal suit against the judgment and decree passed in O.S.No.59 of 2009.

(2.) The learned counsel for the petitioner appellant made a submission that the appeal suit is filed against the final decree passed in the suit for Partition. The preliminary decree was not challenged by the parties and the shares allotted in the preliminary decree were accepted by the respective parties to the lis on hand is concerned. The Court passed the final decree and admittedly, the Commissioner was appointed and it was divided by meets and bounds and possession were also handed over to the respective legal heirs. The 1st respondent has taken her respective possession and allotted her shares as per the decree and under those circumstances, with a delay of 473 days, the petitioner appellant has chosen to file the present appeal suit.

(3.) The learned counsel for the petitioner states that there are certain grievances in respect of the modes of division of the suit properties and as far as the petitioner appellant is concerned, this Court is of an opinion that all such difficulties or inconvenience cannot be raised at this point of time is one aspect of the matter.