A.V.A.Senthilbalu vs )M.Kamalam
2021 Latest Caselaw 6275 Mad

                                                                             CRP(MD)No.195 of 2020

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 09.03.2021

                                                      CORAM :

                              THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                              CRP(MD)No.195 of 2020

                      A.V.A.Senthilbalu                                         ... Petitioner
                                                          vs.

                      1)M.Kamalam
                      2)State of Tamil Nadu Represented
                      By District Collector,
                      Tiruchirappalli.
                      3)The Tahsildar, Taluk Office,
                      Mannachanallur.
                      4)The Executive Officer,
                      Selection Grade Town Panchayat,
                      Mannachanallur.
                      5)The Sub Registrar,
                      Mannachanallur.                                           ... Respondents

                              Petition filed under Section 115 of the Civil Procedure Code,
                      against the order dated 11.03.2019 in I.A.No.137 of 2018 in A.S.SR.No.
                      6949 of 2017 on the file of Principal District Judge, Tiruchirappalli.

                                   For Petitioner           : Mr.S.Vinod Sathya Lazar
                                   For R1                   : Mr.H.Arumugam
                                   For R2 to R5             : Mr.J.Gunaseelan Muthiah
                                                            Additional Government Pleader




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                                                                                CRP(MD)No.195 of 2020

                                                         ORDER

Aggrieved by the dismissal of the condone delay petition in filing

the appeal suit, this revision is filed by the 1st defendant.

2.The 1st respondent/plaintiff filed a suit in O.S.No.458/2011

against the revision petitioner/1st defendant and respondents 2 to

5/defendants 2 to 5, for declaration and permanent injunction in respect

of the suit property. The suit was decreed exparte by judgment and

decree dated 24.06.2014. The revision petitioner/1st defendant filed an

appeal along with I.A.No.137 of 2018 to condone the delay of 1040 days

in filing the appeal. The Court below declined to condone the delay,

against which, the present revision petition has been filed.

3.The learned counsel for the petitioner would state that since the

petitioner's counsel had not informed the petitioner about the status of the

case, the above delay has occurred.

4.Heard the learned counsel for the petitioner as well as the

http://www.judis.nic.in CRP(MD)No.195 of 2020

respondents.

5.Perusal of the impugned order shows that the learned Judge by

elaborate discussion on the way in which the petitioner was aware of the

entire proceedings which were pending before the Court and the

knowledge of the exparte decree, has declined to condone the delay,

where I do not find any infirmity. The principles enumerated in Esha

Bhatterjee vs. Managing Committee of Raghunathpur reported in

2013 (5) CTC 547 are squarely applicable to the present case, where the

petitioner does not deserve any indulgence from this Court to condone

the above huge delay.

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

                      Index       : Yes / No                            09.03.2021
                      Internet    : Yes / No
                      bala/pkn





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                                                           CRP(MD)No.195 of 2020

                                                          J.NISHA BANU, J.
                                                                   bala/pkn
                      To

                      The Principal District Judge,
                      Tiruchirappalli.




                                                          ORDER MADE IN
                                                      CRP(MD)No.195 of 2020
                                                         DATED : 09.03.2021





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