S. KARTHIGEYAN Vs. M. ABIRAMI

JUDGEMENT

(1.) C.M.P. No. 5243 of 2018 has been filed by the petitioner under Sec. 5 of the Limitation Act to condone the delay of 2224 days in filing the appeal against the order passed in G.W. O.P. No. 43 of 2009 dtd. 31/10/2011 on the file of the Principal District Court, Vellore.

(2.) The petitioner has filed G.W. O.P. No. 43 of 2009 under Ss. 7, 8 and 25 of the Guardian and Wards Act, 1890 seeking to appoint him as guardian of minor K. Kavin and also seeking direction on the respondent to return the custody of the minor K. Kavin to him.

(3.) In the affidavit filed in support of the petition, the petitioner averred that due to some personal and financial reasons, he was not able to file the appeal against the order passed in G.W.O.P. No. 43 of 2009 in time. Further, it is averred that the copy of the award produced by the respondent is a tampered one and it took nearly four years for him to collect the documents. It is further averred that the petitioner had filed F.C.O.P. No. 85 of 2015 for visitation rights under Sec. 12 of Guardians and Wards Act and the same was dismissed on the intervention of the respondent by filing petition under Order 7, Rule 11 of CPC and the same was nothing to do with the present case. It is also averred that the petitioner was out of station for his legal studies and returned to Tamil Nadu in the second week of January, 2018 and therefore, delay of 2224 days occurred in filing the appeal.