Madras High Court
Natarajan vs Padmavathi Ammal on 10 March, 2021
CRP.NPD.No.839 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.R.P(NPD)No.839 of 2017
and
C.M.P.No.4126 of 2017
Natarajan ... Petitioner
Vs.
1.Padmavathi Ammal
2.Munusamy
3.Babu
4.Sivakami ... Respondents
Prayer: Civil Revision Petition is filed under Section 115 Code of Civil
Procedure, to set aside the fair and decretal order dated 02.09.2016 in I.A.No.8
of 2016 in A.S.No.Nil/2016 passed by the learned Subordinate Judge, Ranipet,
Vellore District.
For Petitioner : Mr.M.Ravi
For Respondents : Mr.P.Mani [for R1]
Given up [for R2 to R4]
*****
1/4
CRP.NPD.No.839 of 2017
ORDER
The present revision petition is filed against the fair and decretal order
dated 02.09.2016 passed in I.A.No.8 of 2016 in A.S.No.Nil/2016 on the file of
the learned Subordinate Judge, Ranipet, Vellore District, thereby allowing the
petition to condone the delay in filing the appeal suit.
2. The petitioner is the 2nd defendant in the suit filed by the 2nd
respondent herein for partition. The suit was dismissed by the judgment and
decree dated 24.03.2014. Aggrieved by the same, the 1st respondent preferred
an appeal suit with a delay of 559 days.
3. A perusal of the affidavit filed in support of the condone delay
petition reveals that the 1st respondent engaged the counsel to file an appeal suit
as against the judgment and decree. Thereafter, she verified with her counsel
and came to an understanding that no appeal was preferred. Thereafter, she
received the bundle and fell sick. Therefore, she could not file the appeal suit in
time.
CRP.NPD.No.839 of 2017
4. The reasons stated in the affidavit were satisfactory and the Court
below rightly allowed the petition with a cost of Rs.500/-. Thereafter, the cost
was duly paid and appeal suit was also numbered as A.S.No.21 of 2015 and it is
pending. Therefore, this Court finds no infirmity or illegality in the order
passed by the Court below.
5. Accordingly, the Civil Revision Petition is dismissed. However, the
cost Rs.500/- is enhanced to Rs.2,500/-. The remaining amount of Rs.2,000/-
shall be paid by the 1st respondent to the petitioner herein within a period of
two (2) weeks from the date of receipt of a copy of this order. The Appellate
Court is directed to dispose of the appeal suit in A.S.No.21 of 2015 within a
period of six (6) months from the date of receipt of a copy of this order. No
order as to cost. Consequently, connected miscellaneous petition is closed.
10.03.2021
bri
Index:Yes/No
Internet:Yes/No
Speaking Order/Non Speaking Order
CRP.NPD.No.839 of 2017
G.K.ILANTHIRAIYAN, J.
bri
To
The Subordinate Judge, Ranipet,
Vellore District.
C.R.P(NPD)No.839 of 2017
and C.M.P.No.4126 of 2017
10.03.2021
