Madras High Court
CRP/6530/2026 of Mohammed Ibrahim Vs Vijaya on 9 October 2026
CRP No. 6530 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6530 of 2026
and
CMP.No.28160 of 2026
CNR: {HCMA010436802026}
Mohammed Ibrahim
..Petitioner(s)
Vs
Vijaya
..Respondent(s)
Civil Revision Petition filed under Section 115 of the Civil Procedure Code, praying to set aside the fair and decreetal order dated 17.07.2025 made in I.A.No.196 of 2024 in Un.A.S.No. of 24 on the file of the Principal District Judge, Cuddalore District, Cuddalore.
For Petitioner(s):
Mr.C.Munusamy
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ORDER
The Civil Revision Petition is filed challenging the order passed by the First Appellate Court, dismissing the application filed by the petitioner to condone the delay of 1270 days in filing the First Appeal.
2. The respondent herein filed a suit for Specific Performance and the same was decreed against the petitioner on 24.03.2021. Aggrieved by the said decree, the petitioner filed the First Appeal with a delay of 1270 days. The First
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Appellate Court dismissed the condone delay petition by refusing to condone the delay. Aggrieved by the same, the petitioner has come before this Court.
3. The learned counsel appearing for the petitioner would submit that the suit sale agreement was executed as a security for loan transaction. Since the petitioner was engaged in negotiations regarding the repayment of the loan amount, he could not file the appeal immediately. It is further stated that, at the relevant point of time, the petitioner was affected by fever and after recovery, he met with an accident while driving a two-wheeler. Because of these reasons, the petitioner could not file the First Appeal within the prescribed time.
4. A perusal of the typed set of papers and the impugned order would indicate that the suit was decreed against the petitioner on 24.03.2021. Thereafter, the respondent filed an Execution Petition in E.P.No.110 of 2021, seeking execution of the sale pursuant to the decree for Specific Performance. Even though the petitioner was served with a notice in the Execution Petition as early as on 01.10.2021, the petitioner has not taken any steps to file an appeal immediately and the same was filed only in the year 2024.
5. In the impugned order, the First Appellate Court also noted that the petitioner has not produced any records to show that he had suffered any injury or was prevented from moving and filing the First Appeal. Even though illness,
CRP No. 6530 of 2026
accident, etc., were pleaded by the petitioner, he has not produced any evidence to substantiate the same. Merely based on the averments found in the affidavit, we cannot accept the same as correct and condone the lengthy delay of 1270 days.
6. When the petitioner was served with notice in the Execution Petition in the year 2021, he has no explanation for filing the appeal after three years, in the year 2024. The First Appellate Court has rightly appreciated the facts and refused to condone the delay. I do not find any error in the impugned order.
7. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, connected civil miscellaneous petition is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak To The learned Principal District Judge, Cuddalore District, Cuddalore.
CRP No. 6530 of 2026
S.SOUNTHAR, J. kak CRP No. 6530 of 2026 and CMP.No.28160 of 2026 09-10-2026