MURUGAN (DIED) Vs. GOPAL

JUDGEMENT

(1.) The petition has been laid to condone the delay of 1187 days in preferring the appeal.

(2.) The suit has been laid by the first respondent/plaintiff for specific performance and permanent injunction against the deceased Murugan and the petitioners 1 and 2 and the respondents 2 and 3.

(3.) It is found that the abovesaid suit is ended in a decree in favour of the first respondent on 14.12.2015. According to the petitioners, they have filed the copy application on 03.04.2018 and the copy of the judgment and decree was made ready on 12.04.2018 and thereafter, the father of the petitioners 1 and 2 viz., Murugan had died on 25.12.2018 and their father became ill in December, 2015 and he was diagnosed and found to be suffering from serious illness in heart and blood and thereafter, he was admitted in hospitals and undergoing vigorous treatment for 3 years continuously and subsequently died. Inasmuch as the father alone was aware of the proceedings and after his demise, the petitioners had contacted the advocate with the help of their relatives and collected the papers and taken steps for filing the appeal and thereby, the delay of 1187 days had occurred in preferring the appeal and hence, to condone the said delay, petition has been laid.