S.Mohammad Hanifa vs Ramar
2021 Latest Caselaw 4094 Mad

                                                                              C.R.P(MD).No.225 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                         DATED : 17.02.2021
                                              CORAM

                             THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                            C.R.P(MD).No.225 of 2021



                   S.Mohammad Hanifa                    ... Petitioner/ Petitioner/Appellant

                                                        Vs.

                   Ramar                              ... Respondent /Respondent/Respondent

                   PRAYER:- This Civil Revision Petition has been filed under Section 115 of
                   C.P.C, to set aside the fair and decreetal order passed in I.A.No.83 of 2018 in
                   unregistered appeal suit dated 08.08.2019 on the file of the Sub Court,
                   Tirunelveli by allowing this Civil Revision Petition.


                                     For petitioner   : Mr.H.Arumugam


                                                      ORDER

This Civil Revision Petition has been filed to set aside the fair and

decreetal order passed in I.A.No.83 of 2018 in unregistered appeal suit dated

08.08.2019 on the file of the Sub Court, Tirunelveli by allowing this Civil

Revision Petition.

http://www.judis.nic.in C.R.P(MD).No.225 of 2021

2.The case of the petitioner is that the petitioner has filed the suit in

O.S.No.72 of 2011 on the file of the I Additional District Munsif, Tirunelveli,

for permanent injunction restraining the respondent from interfering with his

peaceful possession in the suit property where the respondent filed a written

statement. The said suit was dismissed on 24.10.2013. The petitioner

obtained the copy of the Judgment and Decree on 11.01.2018. Since the

Judgment and Decree has been passed on 24.10.2013 itself, an appeal should

have been filed within 23.11.2013. However, due to knee problem, the

petitioner could not move about and has took Ayurvedic Medicine in a

private hospital at Kumaragam in Kerala. Due to that, the petitioner was

unable to file an appeal within time, for which, there was a delay of 1326

days in filing the appeal. Hence, the petitioner filed an Interlocutory

Application in I.A.No.83 of 2018 to condone the delay of 1326 days in filing

the Appeal. After hearing the case, the learned Judge has dismissed the said

application, against which, the petitioner has filed the present Civil Revision

Petition.

3.Heard the learned counsel for the petitioner and perused the

materials available on record.

http://www.judis.nic.in C.R.P(MD).No.225 of 2021

4.Perusal of record shows that the petitioner has filed the suit in

O.S.No.72 of 2011 against the respondent for permanent injunction, after

hearing the case, the suit was dismissed. Thereafter, the petitioner filed an

Interlocutory Application in I.A.No.83 of 2018 with a delay of 1362 days in

filing the appeal, in which, the petitioner has stated that he was suffering

from Knee problem and took treatment at Kerala and therefore, he was not

aware of the Judgment and Decree passed in the main suit. Only recently he

contacted his Advocate and came to know about the dismissal of the suit and

thereafter, he filed copy application and obtained copies belatedly, due to

that, there was a delay of 1362 days in filing the appeal. The learned Judge

finding that the petitioner has not even filed a single piece of evidence to

prove that he took treatment at Kumaragam in Kerala. Therefore, the

petitioner has not come before this Court with clean hands and only within

an intention to drag on the proceedings, the petitioner has filed the petition

belatedly and no acceptable reason has been stated by the petitioner for the

delay of 1362 days in filing the appeal, therefore, the learned Judge has

rightly dismissed the said application in I.A.No.83 of 2018 to condone the

delay which does not warrant any interference from this Court.

http://www.judis.nic.in C.R.P(MD).No.225 of 2021

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

17.02.2021

Index :Yes/No Internet:Yes/No msa NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Subordinate Judge, Tirunelveli

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in C.R.P(MD).No.225 of 2021

J.NISHA BANU,J.

msa

C.R.P(MD).No.225 of 2021

17.02.2021

http://www.judis.nic.in