Krishnappa v. Chowdamma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI in SA.SR.No.113335 of 2023

1. Krishnapriya

2. Venkataraju Appellant(s) Vs

1. Chowdamma 2.Rathinamma 3.Kanthamma 4.Chandramma 5.Bagyalakshmi 6.Rajeswari 7.Manju Respondent(s) For Appellant(s) :

Mr.R. Bharath Kumar For Respondent(s):

Mr.J.Nandagopal

ORDER

This petition has been filed to condone the delay of 678 days in filing the second appeal.

2. The learned counsel for the appellants/defendants submitted that due to lack of communication, they were not able to file this petition in time and the delay is neither wilful nor wanton.

3. The learned counsel for the respondents/plaintiffs raised strong objections stating that with an intention to drag on the proceedings, the appellants/defendants have come forward with this appeal, with such a delay without assigning any proper reason.

4. Considering the fact that it is a suit for partition and the parties are before the Court to divide the property, if an opportunity was not given, their valuable right to get the property will be defeated. Therefore, to give one more opportunity, this Court is inclined to condone the delay on condition that the petitioners pay a sum of Rs.3,000/- (Rupees three thousand only) to the learned counsel for the respondents within a week. On payment of costs, the appeal shall be taken on file. Accordingly, this petition is ordered. 08-12-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

T.V.THAMILSELVI J.

pvs 08-12-2025