Raman vs Raman
2021 Latest Caselaw 2774 Mad

                                                                                CRP.NPD.No.2551 of 2010

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 05.02.2021

                                                            CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               CRP.NPD.No. 2551 of 2010

                    Raman                                                           ... Petitioner
                                                             Vs.
                    1. Raman

                    2. The Rural Development Officer,
                       Kangeyam Panchayat Union,
                       Kangeyam, Erode District.                                   ... Respondents

                    PRAYER: The Civil Revision Petition is filed under Section 115 of the
                    Civil Procedure Code, praying to set aside the order passed in I.A.No.32 of
                    2006 in I.A.No.27 of 2004 in A.S.SR.No.1724 of 2004 by the Subordinate
                    Court, Dharapuram on 06.02.2007.


                                          For Petitioners     : Mr.K.S.Kumar

                                          For Respondents : No Appearance (for R1)
                                                            M/s.R.Revathy (for R2)

                                                        ORDER

This Civil Revision Petition is directed as against the fair and final

order passed in I.A.No.32 of 2006 in I.A.No.27 of 2004 in A.S.SR.No.1724

of 2004 dated 06.02.2007 on the file the Subordinate Court, Dharapuram,

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.2551 of 2010

thereby, dismissing the petition to condone the delay in filing the restoration

petition.

2. The petitioner is the plaintiff. He filed a suit as against the

respondent for declaration, in respect of rights over the Well, Electric Motor

and Pump set along with electricity service connection, in the month of

March 2002. The first respondent also filed a written statement. Thereafter,

the suit was dismissed. Aggrieved by the same, the petitioner preferred an

appeal suit as against the judgment and decree passed in O.S.No.50 of 2002

on the file of the District Munsif Court, Kangeyam with the delay of 71

days. The condone delay petition was dismissed for default. Thereafter, the

petitioner failed to take any steps to restore the said application. Finally, he

filed a petition to restore the condone delay petition with a delay of 549 days

in filing the petition to restore.

3. The Court below found that, no sufficient reasons was stated in the

affidavit and dismissed the same. Further, for the past several hearing the

petitioner failed to appear and as such, the condone the delay petition filed

the main appeal was dismissed. In fact, the restoration petition also filed

https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.2551 of 2010

with a delay of 549 days, in which also the petitioner failed to satisfy the

Court below and the Court below dismissed the petition to condone the

delay. Therefore, this Court finds no irregularity or infirmity in the order

passed by the Court below.

4. Accordingly, this Civil Revision Petition is dismissed. No costs.

                                                                                           05.02.2021
                    Speaking/Non-speaking order
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                    kv

                    To

                    The Subordinate Court, Dharapuram.






https://www.mhc.tn.gov.in/judis/
                                           CRP.NPD.No.2551 of 2010




                                   G.K.ILANTHIRAIYAN,J.

                                                              Kv




                                   CRP.NPD.No. 2551 of 2010




                                                    05.02.2021






https://www.mhc.tn.gov.in/judis/