DEEPA SWAPNA Vs. SIVABAGYAM

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed to condone the delay of 429 days in filing the appeal suit against the judgment and decree passed in O.S.No.703 of 2011 dated 19.01.2018.

(2.) The learned counsel appearing on behalf of the petitioner appellants made a submission that the petitioner appellants are unable to mobilize the funds for the purpose of filing an appeal suit and therefore, there was a delay of 429 days in filing the appeal suit. In paragraph 7 of the affidavit filed in support of the miscellaneous petition, states that the trial Court passed the judgment and decree dated 19.01.2018 and in the month of April 2019, the petitioners mobilized the funds and immediately applied for the copy of the judgment and decree on 30.04.2019 and the same was called for on 24.06.2019 and deposit was made on 26.06.2019 and the copy was ready on 22.07.2019 and the same was received on 23.06.2019.

(3.) It is stated that the petitioners have no source of income . and unable to mobilize the funds of preferring an appeal suit before the High Court within the time stipulated. Thus, the delay is to be condoned.