V.Parthasarathy v. Sussela
Case brief
What is this about?
The court allowed a Civil Miscellaneous Petition to condone a 565-day delay in filing a First Appeal regarding a partition suit. Condonation was granted on the condition of paying costs to the High Court Legal Services Authority.
What did the court decide?
Delay condoned on condition of paying Rs.3,000/- cost to H.C.L.S.A. within 10 days, failing which petition dismissed automatically.
What the court decided
1
C.M.P.No.11643 of 2019
in A.S.S.R.No.42540 of 2019
S.M.SUBRAMANIAM, J.
The present Civil Miscellaneous Petition is filed to condone the delay of 565 days in filing the First Appeal against the judgment and decree dated 19.04.2017 passed in O.S.No.5479 of 2012.
2.The learned counsel appearing on behalf of the petitioner
states that respondents 1 to 4 herein as plaintiffs filed suit in O.S.No.5479 of 2012 for partition. The suit was decreed in favour of the plaintiffs and 8th defendant. The petitioner filed the First Appeal with a delay of 565 days and the reasons in paragraph 5 of the affidavit filed in support of the Civil Miscellaneous Petition is that the Trial Court delivered judgment on 19.04.2017. The petitioner could not be in a position to take steps to file an appeal immediately and his wife was sick even at that point of time when the judgment came to be delivered and affected with severe diabetes and fracture in the vertebra and she had sustained a fall at home due to onset of giddiness. The petitioner stated that he was completely engaged in providing care to his wife and was attending treatment and she was
2
Issues for consideration
1 issue framed by the court
Whether the delay of 565 days in filing the First Appeal against the judgment and decree dated 19.04.2017 can be condoned.
Parties & counsel
- petitioner
PETITIONER
- respondent
RESPONDENTS 1 TO 4
Coram
S.M.SUBRAMANIAM
Case details
As recorded by the court registry
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