CRP/3370/2026 of P.Villigiri Vs Sakthivel on 2 November 2026

ORDER

The Civil Revision Petition is filed challenging the order passed by the First Appellate Court in I.A.No.1 of 2021 in A.S.C.F.R.No.32250 of 2021, dated 02.07.2025 dismissing the application filed by the petitioner seeking to condone the delay of 232 days in filing the first appeal.

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CRP.No.3370 of 2026

2. The petitioner herein filed a suit for bare injunction against the respondent in O.S.No.2925 of 2006. The said suit was dismissed on 28.02.2018. The petitioner filed an appeal only during December-2021 with a delay of 232 days in filing the first appeal. The condone delay petition was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this Court.

3. The learned counsel appearing for the petitioner would submit that the suit was dismissed on 28.02.2018. However, the copy application was filed only on 20.08.2018, due to the fact that the petitioner suffered from leg twisting and had taken native treatment for the same. It is further submitted that the copies were made ready on 15.09.2021. However, due to pandemic situation, the petitioner could not file appeal in time and the same was filed only during December-2021.

4. The learned counsel appearing for the respondent would submit that there is enormous delay in filing the copy application and the same had happened in the year 2018 well prior to the pandemic period. Therefore, the petitioner cannot take advantage of the covid pandemic to explain the delay.

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CRP.No.3370 of 2026

5. It is seen from the typed-set of papers that the petitioner had received the certified copy on 15.09.2021 and the appeal was filed only during December-2021. Since the said period is covered by the covid pandemic exclusion time, the delay in filing the appeal after getting the certified copy need not be taken into consideration seriously. However, the suit was dismissed well prior to covid period on 28.02.2018 and the petitioner filed copy application only on 20.08.2018. The said delay has been explained by the petitioner that at the relevant point of time, the petitioner was suffering from leg twisting and he had taken native treatment for the same.

6. Taking into consideration the length of delay and the averment found in the affidavit filed in support of the condone delay petition, this Court feels an opportunity shall be given to the petitioner by condoning the delay.

7. Accordingly, this Civil Revision Petition stands allowed and the impugned order passed by the Principal Subordinate Court, Coimbatore in I.A.No.1 of 2021 in A.S.C.F.R.No.32250 of 2021, dated 02.07.2025 is set aside on condition that the petitioner deposits a sum of Rs.2,000/- to the credit of AS.CFR.No.32250 of 2021, within a period of three weeks from the date of receipt of copy of this order, failing which, the civil revision petition shall stand

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CRP.No.3370 of 2026

automatically dismissed without further reference to this Court. On such deposits, the delay stands condoned and the First Appellate Court is directed to number the first appeal, if it is otherwise in order and dispose of the same in accordance with law. The respondent is permitted to withdraw the said amount by making formal application before the First Appellate Court. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm

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CRP.No.3370 of 2026

To The Principal Subordinate Court, Coimbatore.

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CRP.No.3370 of 2026

S.SOUNTHAR J. dm CRP.No.3370 of 2026 02-11-2026

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