N.Subramani v. K.Saravanan

in S.A.SR.No. 102338 of 2019 R.SUBRAMANIAN, J.

This petition is for condonation of delay of 718 days in filing the appeal.

2. The decree challenged is one for specific performance. The petitioner has stated that though the copy of the judgment and decree were made ready on 24.05.2017 and handed over to the petitioner on 01.06.2017 by his counsel, the appeal could not be filed in time since the petitioner has suffered a bout of Jaundice during July 2017 and he has taken steps to prefer the appeal immediately, after recovery.

3. This was stoutly denied by the respondent contending that the illness has been invented only for the purpose of creating a reason for the delay.

1/3

4. However, considering the fact that the decree is one for specific performance and the delay is not very long, I deem it to fit and proper to condone the delay subject to condition that the petitioner pays a sum of Rs.10,000/- as costs to the counsel for the respondents appearing in this Court on or before 18.12.2020.

Post for compliance on 21.12.2020.

07.12.2020 kkn 2/3

R.SUBRAMANIAN, J.

KKN in S.A.SR.No. 102338 of 2019 07.12.2020 3/3