Madras High Court
)The District Collector vs Thiru Muthuraman on 16 February, 2021
CRP(MD)No.68 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.02.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CRP(MD)No.68 of 2021
and
CMP(MD)No.508 of 2021
1)The District Collector,
Madurai District.
2)The Revenue Divisional Officer,
Madurai District.
3)The Tahsildar,
Melur Taluk, Melur
Madurai District. ... Petitioners
vs.
Thiru Muthuraman ... Respondent
Petition filed under Section 115 of the Civil Procedure Code, to set
aside the decree and judgment in I.A.No.521 of 2019 dated 02.12.2019 in
UN.AS/2018 on the file of the Sub Court, Melur, against O.S.No.28/2014
dated 07.04.2016 on the file of District Munsif Court, Melur.
For Petitioners : Mr.J.Gunaseelan Muthiah
Additional Government Pleader
For Respondent : Mr.N.Murugesan
1/5
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CRP(MD)No.68 of 2021
ORDER
Aggrieved by the dismissal of the petition to condone the delay in
filing the appeal suit, this revision petition has been filed.
2.The respondent as plaintiff filed a suit in O.S.No.28 of 2014
seeking the relief of issue of patta in his favour in respect of the suit
property. On the side of the revision petitioners/defendants, no witness
was examined and no document was marked. The suit was decreed on
07.04.2016. The petitioners have filed a petition under Section 5 of the
Limitation Act, to condone the delay of 694 days in filing the appeal suit
which has been dismissed, against which, the present revision petition
has been filed.
3.The learned Additional Government Pleader appearing for the
petitioners would contend that there is no such schedule of property
stated in the decree dated 07.04.2016 that is, S.Nos.295/4 and 295/6 in
Karungalakudi Village, Melur Taluk, Madurai District, and therefore, he
would state that the learned Judge ought to have allowed the application
to condone the delay.
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CRP(MD)No.68 of 2021
4.The respondent herein has filed typedset of papers where a reply
was sent by the Public Information Officer, Sub Registrar,
Karungalakudi, in which, it is clearly mentioned that A-Register showing
S.Nos.295/4 and 295/6 stand in the name of Muthupalani Chettiar S/o.
Solai Chettiar who is the grand father of the respondent/plaintiff. The
learned counsel for the respondent would state that the petitioners have
not taken the plea in the written statement that there is no such survey
numbers in the suit schedule and even in the present grounds of appeal,
nowhere it has been stated that there is no such survey numbers. Thus,
he would pray for dismissal of the revision petition.
5.Heard the learned counsel for the petitioners as well as the
respondent.
6.As contended by the learned counsel for the respondent,
nowhere in the grounds of appeal, it has been stated that there is no such
survey numbers and each and every day delay has to be explained. The
reason assigned by the petitioners is that the certified copy of the
judgment passed in the suit was misplaced in the petitioners' office. The
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CRP(MD)No.68 of 2021
reason assigned is not an acceptable reason for condoning the huge
delay. If the officials of the petitioners are at fault, the petitioners ought
to have taken action against the erring officials. The learned Judge
elaborately discussing that the delay has not been properly explained,
has dismissed the above application. The respondent/plaintiff is aged
about 70 years and he is a senior citizen. The suit is of the year 2014.
Even though the respondent obtained decree in 2016, till date, he is not
able to enjoy the fruits of the decree and applying the principles laid
down in the judgment in Esha Bhatterjee vs. Managing Committee of
Raghunathpur reported in 2013 (5) CTC 547, I am not inclined to
interfere with the order passed by the learned Judge.
7.Accordingly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
bala 16.02.2021
To
The Principal District Munsif,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis/
CRP(MD)No.68 of 2021
J.NISHA BANU, J.
bala
ORDER MADE IN
CRP(MD)No.68 of 2021
DATED : 16.02.2021
https://www.mhc.tn.gov.in/judis/
