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Judgment
Honourable Mr. Justice G. Rajasuria
Animadverting upon the order dated 13.07.2011 passed in I.A. No. 72 of 2009 in CFR No. 8963 of 2009 by the learned Subordinate Judge, Bhavani, this civil revision petition is focussed. Heard the learned counsel for the petitioner.
At the entertaining stage itself, I heard the learned counsel for the petitioner who would detail and delineate the background of this case, which could succinctly and pithily be set out thus:
The revision petitioner herein filed the suit as against four persons, so to say the father and his three sons. They contested the matter. The suit was decreed. Thereafter, E.P. was filed and the sale deed was also executed in favour of the plaintiff. Subsequently, as an afterthought, according to the learned counsel for the petitioner, the said Palaniappan/D1 preferred appeal with a huge delay of 1778 days which was unjustifiably condoned by the lower Court awarding cost of Rs. 2,000/- .
Being aggrieved by and dissatisfied with the said order of the lower Court in condoning the delay, this revision is focussed. I am of the considered view that the appellate Court in its wisdom thought fit to give an opportunity of hearing in the appeal for the appellant. In paragraph 8 of the order, the lower Court observed that by refusing to condone the delay, the appellant/D1 would be prejudiced, whereas by giving opportunity of hearing in the appeal for D1, no prejudice would be caused to the petitioner. The Courts are expected to be cautious in condoning the delay and that too huge delays. Here in this case, the appellate Court in its wisdom thought that in a matter of this nature, the right of the appeal should not be denied to D1 on the ground of delay alone. In such a case, I do not think that, that has to be interfered with. However this Court could fix a time frame within which the appellate Court should dispose of the appeal and that would meet the ends of justice. Hence while dismissing this revision, I would like to direct the lower Court to dispose of the appeal by the end of August 2012. No costs. Consequently, connected miscellaneous petition is closed.