Kamalakar v. T.D.Padmavathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI Kamalakar S/o Rama Reddy

...Petitioner/Appellant

Vs.

1. T.D.Pamavathy

2. Mohideen Meera

3. A. Mohammed Rasool

4. A.M.Noorddin

5. A.M.Nizina Bivi

6. A.M.Siddiq

7. A.M.Sheik Mnsoor

8. A.M.Abdul rahman Page 1/5

9. A.M.Shahul Hameed

10. Aysha Banu

11. Ayub Nisha

12. A.Aseena Malik

13. A.A.Ameen Malik

...Respondents/Respondents.

C.M.P.No.21039 of 2024 Civil Miscellaneous Petition filed under Order 41 Rule 3A of CPC. to condone the delay of 4260 days in filing the appeal. Appeal filed under Section 96 read with Order XLI Rule 1 of C.P.C. against the judgment and decree dated 26.09.2012 made in O.S.No.7524 of 2010 on the file of XV Additional City Civil Court, Chennai.

For Petitioner/Appellant : Mr.Mukunth, Senior Counsel for Mr.Murugesh.S Page 2/5

O R D E R

(The order of the Court was made by Mrs.J.Nisha Banu,J.) The above CMP has been filed to condone the delay of 4260 days in filing the Appeal against the judgment and decree dated 26.09.2012 made in O.S.No.7524 of 2010 on the file of XV Additional City Civil Court, Chennai.

2. Heard the learned counsel for the petitioner/appellant. 3.The above appeal has been filed against the against the judgment and decree dated 26.09.2012 made in O.S.No.7524 of 2010 on the file of XV Additional City Civil Court, Chennai. The suit has been filed by the plaintiff/1st respondent herein for recovery of vacant possession of the suit property and for recovery of Rs.5,40,000/- as damages together with interest @ 12% and for costs. The said suit was decreed as prayed for together with interest at 6% per annum from the date of plaint till the date of realisation with costs. The 11th defendant in the suit has filed the present appeal against the respondents herein.

4. The judgment and decree was passed in the suit on 26.09.2012. The Appellant had slept over the matter for more than 111⁄2 years and Page 3/5

now has filed the present appeal to set aside the judgment and decree passed in the above suit.

5. There is undoubtedly an inordinate delay in filing the Appeal and the petitioner/appellant has failed to show sufficient cause to condone the enormous delay of 4260 days in filing the Appeal. Therefore, we are not inclined to condone the huge delay.

6. Accordingly, the condone delay petition is dismissed and consequently, the Appeal is rejected at the SR stage itself. No costs. (J.N.B,J.) (R.K.M., J.) Index : Yes / No 25.09.2024 Internet : Yes vsi To The XV Additional City Civil Court, Chennai Page 4/5

J. NISHA BANU, J.

R.KALAIMATHI,J.

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