Madras High Court
Natarajan vs Shantha on 17 February, 2021
C.M.P.(MD)No.7185 of 2020 in
S.A.(MD)No.SR43687 of 2020 and
S.A.(MD)No.SR43687 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.P.(MD)No.7185 of 2020
in
S.A.(MD)No.SR43687 of 2020
and
S.A.(MD)No.SR43687 of 2020
Natarajan : Petitioner/Appellant
Vs.
Shantha : Respondent/Respondent
PRAYER:- Civil Miscellaneous Petition filed under Order 41 Rule 3(A) of CPC
to condone the delay of 3683 days in filing the second appeal filed against the
judgment and decree, dated 24.11.2009 made in A.S.No.14 of 2009 on the file of
the Subordinate Court, Uthamapalayam.
PRAYER:- Second Appeal filed under Section 100 of Code of Civil Procedure,
to set aside the judgment and decree, dated 24.11.2009 passed in A.S.No.14 of
2009 on the file of the Subordinate Court, Uthamapalayam, confirming the
decree and judgment, dated 30.01.2009 passed in O.S.No.10 of 1998 on the file
of the District Munsif Court, Uthamapalayam.
For Petitioner / Appellant :Mr.I.Suthakaran
For Respondent/Respondent :Mr.G.Sridharan
http://www.judis.nic.in
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C.M.P.(MD)No.7185 of 2020 in
S.A.(MD)No.SR43687 of 2020 and
S.A.(MD)No.SR43687 of 2020
ORDER
This application has been filed seeking condonation of a huge delay of
3683 days in filing the appeal.
2.The regular appeal in A.S.No.14 of 2009 was disposed of by the
lower appellate Court on 24.11.2009. This second appeal has been presented on
09.11.2020. I do not find any explanation for the delay, much less a satisfactory
explanation.
3.The petitioner would claim that he approached the authorities for
mutation of revenue records, pursuant to the assignment made in favour of his
grandfather, Sadamaya Thevar in the year 1925. This very case, that was
projected before the Courts below, was rejected. The petitioner had also
approached this Court and filed a Writ Petition in W.P.(MD)No.15838 of 2012
seeking a direction to the revenue officials to dispose of his representation, dated
04.10.2012. That Writ Petition came to be disposed of on 01.04.2014, directing
the revenue officials to pass orders on the representation of the petitioner.
Claiming that the revenue officials have not taken any action, the petitioner has
now filed the second appeal with the above application for condonation of delay.
http://www.judis.nic.in
C.M.P.(MD)No.7185 of 2020 in
S.A.(MD)No.SR43687 of 2020 and
S.A.(MD)No.SR43687 of 2020
4.There is no whisper as to why the petitioner did not file the appeal or
as to why the petitioner could not file the appeal between 24.11.2009 and
09.11.2020. The entire delay is not explained. There is no explanation for even
a days delay in the affidavit filed in support of this petition. The affidavit only
narrates the facts that the petitioner had approached the revenue authorities and
had filed a Writ Petition before this Court.
5.I am unable to accept the prosecution of those proceedings, as a
sufficient cause for condonation of delay. Hence, this Civil Miscellaneous
Petition is dismissed and the second appeal is rejected at the SR stage itself. No
costs.
Index: Yes/No 17.02.2021
cmr
To
1.The Subordinate Judge, Uthamapalayam.
2.The District Munsif, Uthamapalayam.
http://www.judis.nic.in
C.M.P.(MD)No.7185 of 2020 in
S.A.(MD)No.SR43687 of 2020 and
S.A.(MD)No.SR43687 of 2020
R.SUBRAMANIAN, J.
cmr
C.M.P.(MD)No.7185 of 2020
in
S.A.(MD)No.SR43687 of 2020
and
S.A.(MD)No.SR43687 of 2020
17.02.2021
http://www.judis.nic.in
