M.Saraswathi vs M.Shanmugam
2021 Latest Caselaw 23340 Mad

                                                                                C.R.P(NPD).No.2578 of 2021
                                                                                  and CMP.No.19146 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 29.11.2021
                                                         CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 C.R.P(NPD).No.2578 of 2021
                                                           and
                                                   CMP.No.19146 of 2021

                     1.M.Saraswathi
                     2.S.Dhanalakshmi                                                       ..Petitioners

                                                              Vs.

                     1.M.Shanmugam
                     2.S.Punithavathi @ Punitha                                           ..Respondents

                     Praye: Civil Revision Petition filed under Section 115 of C.P.C., against the
                     fair and dereetal order dated 10.08.2021 passed in IA.No.2 of 2021 in
                     A.S.CFR.No.17634 of 2020 on the file of the Principal District Court,
                     Coimbatore.
                                            For Petitioners         : Mr.K.Govi Ganesan



                                                         ORDER

Challenge in this revision is to the order of the Principal District

Judge, Coimbatore, condoning the delay of 778 days in filing an appeal

against the decree for partition.

https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2578 of 2021 and CMP.No.19146 of 2021

2.The reason assigned for the delay, which has been accepted by

the learned Principal District Judge is that there was mediated settlement

between the parties. However, after having agreeing for such settlement, the

respondents have filed an application seeking enlargement of their shares

relying upon the judgment of the Hon'ble Supreme Court in Vineeta Sharma

Vs. Rakesh Sharma and others reported in AIR 2020 SC 3717,

3.The learned Principal District Judge has accepted the said reason

and has chosen to condone the delay subject to payment of costs of

Rs.5,000/-. It is purely an exercise of discretion by the learned District

Judge, with which, I do not see any reason to interfere in a revision filed

under Section 115 of C.P.C. This civil revision petition therefore, fails and it

is accordingly dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

29.11.2021

kkn Index:No Internet:Yes Speaking

https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2578 of 2021 and CMP.No.19146 of 2021

To:-

1.The Principal District Court, Coimbatore.

https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2578 of 2021 and CMP.No.19146 of 2021

R.SUBRAMANIAN, J.

KKN

C.R.P(NPD)No.2578 of 2021 and CMP.No.19146 of 2021

29.11.2021

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