Asha A.Murarka vs M/S.S.G. Builders
2021 Latest Caselaw 14896 Mad

                                                                                CRP.NPD.No.1235/2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 26.07.2021

                                                           CORAM

                                      THE HON'BLE Ms. JUSTICE R.N.MANJULA

                                             C.R.P.(NPD).No.1235 of 2017
                                                         and
                                                CMP.No.5826 of 2017

                  Asha A.Murarka                             ...                    Petitioner

                                                            Vs.

                  M/S.S.G. Builders,
                   Rep. By its Proprietor
                   Mr.S.Ganesan                              ...                   Respondent

                  PRAYER : The Civil Revision Petition filed under Section 115 of the Civil
                  Procedure Code, agaisnt the order and decretal order dated 07.03.2017
                  passed in I.A.No.4751 of 2016 in O.S.No.2904 of 2001 on the file of the IV
                  Additional Judge, City Civil Court, Madras and praying to set aside the
                  same.

                                          For Petitioner    : M/S.S.Dhassaiya
                                         For Respondent : No appearance

                                                           ORDER

(Heard through video conferencing)

This Civil Revision Petition has filed against the order of the learned

IV Additional Judge, City Civil Court, Madras, dated 07.03.2017 passed in

I.A.No.4751/2016 in OS.No.2904/2001. https://www.mhc.tn.gov.in/judis/

CRP.NPD.No.1235/2017

2. The Petitioner is the defendant in the suit. He has filed a petition for

condoning the delay of 2124 days in filing the petition to set aside the

exparte decree and judgment dated 30.04.2010 in O.S.No.2904/2001. The

learned trial Judge has passed a conditional order that the inordinate delay

would be condoned if the petitioner pays 50% of the decree amount. The

learned trial Judge has made an observation about the conduct of the

petitioner that he had been watching the proceedings and allowed it to be

decreed exparte and thereafter filed a petition to set aside the decree with the

delay of 2124 days.

3. Having heard the matter at length, the learned trial Judge has passed a

well considered conditional order to condone the inordinate delay of 2124

days and balanced the interest of both the respondent and the petitioner.

Hence, I feel no valid ground to admit the Civil Revision Petition itself.

In the result the present Civil Revision Petition is dismissed and the

order of the learned IV Additional Judge, City Civil Court, Madras, dated

07.03.2017 passed in I.A.No.4751/2016 in OS.No.2904/2001, is hereby

confirmed. No costs. Consequently, connected Civil Miscellaneous Petition

in CMP.No.5826 of 2017, is also closed.

26.07.2021

Internet : Yes/No jrs https://www.mhc.tn.gov.in/judis/

CRP.NPD.No.1235/2017

To

1.The IV Additional City Civil Court, Madras.

2.The Section Officer, V.R.Section, High Court, Madras.

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

CRP.NPD.No.1235/2017

R.N.MANJULA,J.

jrs

C.R.P.(NPD).No.1235 of 2017 and CMP.No.5826 of 2017

26.07.2021

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