JAISHNA BRIQUETTES Vs. J. JAYACHITRA

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been laid by the petitioners/Appellants to condone the delay of 369 days in preferring the first appeal.

(2.) It is found that the respondent has levied the suit against the petitioners for recovery of money and after contest, the suit levied by the respondent/plaintiff has come to be decreed. Impugning the same, the petitioners have come forward with the first appeal. However, as they had not preferred the appeal in time and there occurred the delay of 369 days in preferring the same, for the condonation of the abovesaid delay, the present petition has come to be laid by them.

(3.) It is found that the suit levied by the respondent/plaintiff had been disposed of on 05.07.2017. Furthermore, it is noted that the respondent has levied the execution petition in R.E.P.No.72 of 2018 for enforcing the decree obtained by her by way of bringing the properties belonging to the petitioners for sale to realise the decreetal amount. The same had also been accepted by the petitioners and the petitioners thus have knowledge of the abovesaid E.P. Proceedings and that the properties had been brought to auction sale on 26.02.2019. Thus, it is seen that only after the initiation of the execution proceedings and the suit properties belonging to the petitioners/appellants had been brought for auction sale, it is found that the petitioners have come forward with the appeal with the delay. Now, according to the petitioners, they had sent all the papers to their counsel and could not able to follow their counsel in preferring the appeal in time due to the mental agony caused by the respondent and hence, the delay had occurred.