PACHAIAMMAL Vs. R SHANMUGAM

JUDGEMENT

(1.) The abovesaid Civil Miscellaneous Petitions have been filed to condone the delay of 3214 days in filing the Second Appeals.

(2.) The respondent/plaintiff is found to have laid the suit against the petitioners/defendants for the relief of specific performance and in the alternative, claimed the relief of refund of the advance amount and for permanent injunction.

(3.) The abovesaid suit has been contested by the petitioners/defendants and it is found that the abovesaid suit had been partly decreed in favour of the respondent/plaintiff on 07.09.2007. Aggrieved over the same, both the plaintiff and the defendants had filed the First Appeals in A.S.No.10 of 2008 and A.S.No.76 of 2007 respectively. It is found that the First Appellate Court had allowed the Appeal preferred by the plaintiff and resultantly decreed the suit in favour of the plaintiff for the relief of specific performance and dismissed the Appeal preferred by the defendants on 29.02.2008. Impugning the same, the present second appeals have been preferred by the petitioners/defendants. However as there occurred the delay of 3214 days in preferring the Second Appeals, to condone the said delay, the present petitions have been laid by them.