S.Rajendiran vs Palani
2022 Latest Caselaw 660 Mad

                                                                      C.R.P.(PD).No.14 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 11.01.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                 C.R.P.(PD).No.14 of 2022
                                                           and
                                                  C.M.P.No.123 of 2022

                     S.Rajendiran                                             .. Petitioner
                                                             Vs.
                     1.Palani
                     2.Ilango
                     3.Banumathy
                     4.Lalitha                                                .. Respondents


                     PRAYER: Civil Revision Petition filed under Section 115 of the Code of
                     Civil Procedure, praying to set aside the fair and decreetal order dated
                     17.10.2019 passed in E.A.No.25 of 2019 in E.P.No.305 of 2017 in
                     O.S.No.77 of 1995 on the file of Principal Sub Court, Puducherry by
                     allowing the Revision Petition.


                                     For Petitioner      : Mr.T.S.Baskaran
                                                          ********


                     ------------
                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                         C.R.P.(PD).No.14 of 2022

                                                          ORDER

This Revision is directed against the order of the learned Principal

Sub-Judge, Puducherry made in E.A.No.25 of 2019, condoning the delay of

70 days in seeking to set aside the ex parte order made in the execution

petition.

2. The reasons assigned for the delay are that the application to

condone the delay in filing the petition to set aside the ex parte decree and

judgment is pending and therefore the counter could not be filed in time.

3. The learned Sub-Judge has chosen to accept the reason assigned

and condoned the delay. Condoning the delay being a discretionary order, I

do not see any reason to interfere with the said order in this Revision. The

Revision is therefore dismissed. No costs. Consequently, the connected

miscellaneous petition is closed.

4. Mr.T.S.Baskaran, learned counsel appearing for the petitioner/

decree holder would submit that the application that was filed to condone

------------

Page No.2/4

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.14 of 2022

the delay in seeking to set aside the ex parte decree itself has been dismissed

in December 2021. It is also seen that the sale deed has been executed in

favour of the petitioner and all that remains is only delivery of possession of

the property.

5. Considering the above, there will be a direction to the learned

Principal Sub-Judge, Puducherry to dispose of E.P.No.305 of 2017 within a

period of six (6) months from the date of receipt of a copy of the order.

11.01.2022

dsa Index : No Internet :Yes Speaking order

To The Principal Sub-Judge, Puducherry.

------------

Page No.3/4

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.14 of 2022

R.SUBRAMANIAN, J.

dsa

C.R.P.(PD).No.14 of 2022

11.01.2022

------------

Page No.4/4

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