Madras High Court
Rev.B.A.James Santhosam vs Devaraj on 30 June, 2022
S.A.No.(SR).87597 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.(SR).87597 of 2009
and
M.P.No.1 of 2013
S.A.No.(SR).87597 of 2009:
Rev.B.A.James Santhosam,
Chief Pastor, Head Office,
“Prince of Peace Church”,
No.7, Arulanandam Street,
Santhome,
Madras – 4
(rep. By its Pastor I.Joseph)
“Prince of Peace Church” ...Appellant/Petitioner
Vs.
1.Devaraj
2.D.Darathi
3.The Assistant Executive Engineer,
T.N.E.B.,
Walajah. ... Respondents/ Respondents
1/7
https://www.mhc.tn.gov.in/judis
S.A.No.(SR).87597 of 2009
Prayer in M.P.No.1 of 2013: Petition filed under Order IV Rule
9(4) of the Appellate Side Rules, to condone the delay of 1340 days in
re-presenting the appeal.
Prayer in S.A.No.(SR).87597 of 2009: Second Appeal filed under
Section 100 of the Code of Civil Procedure against the Judgment and
Decree in A.S.No.86 of 2007 dated 30.03.2009 on the file of the
learned Subordinate Judge, Ranipet, confirming the Judgment and
Decree in O.S.No.190 of 2001 dated 19.09.2007 on the file of the
learned Principal District Munsif -cum- Judicial Magistrate No.I,
Walajah.
For Appellant : Mr.D.Saikumaran
For Respondents : Mr.T.P.Prabhakaran for R1 and R2
M/s.Hemalatha Gajabathy for R3
JUDGMENT
The above appeal is filed for condoning the delay of 1340 days
in re-presenting the papers. The suit out of which the Second Appeal
arises was filed for an injunction restraining the 3rd defendant from
disconnecting the Service Connection to the suit premises.
https://www.mhc.tn.gov.in/judis
S.A.No.(SR).87597 of 2009
2.The suit filed by the plaintiff in O.S.No.190 of 2001 dated
19.09.2007 on the file of the learned Principal District Munsif -cum-
Judicial Magistrate No.I, Walajah, has been dismissed. Against
which, an appeal filed by the plaintiff in A.S.No.86 of 2007 dated
30.03.2009 on the file of the learned Subordinate Judge, Ranipet, also
ended in a dismissal. Challenging the same, this appeal has been
filed.
3.The Second Appeal has been filed on 08.07.2013 and the
papers were returned by the Registry for certain compliances. The
same has been represented with the delay of 1340 days. The appellant
has not taken steps to represent the papers earlier, as a consequence,
there is a delay in representing the papers. The only reasons given in
Para 4 is extracted hereunder:
“4.I respectfully submit that because the counsel
in the Lower Court had misplaced the case bundle and
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S.A.No.(SR).87597 of 2009
failed to handover the bundle in time there was a delay
of days in representing the above Second Appeal. I
respectfully submit that the delay of 1340 days in
representation of the second Appeal had occurred due
to the reasons as stated above and it is neither willful
nor wanton but due to the above stated circumstances.
Unfortunately, the appeal bundle was misplaced and
due to efflux of time owing to searching the papers and
preparing the appeal a delay of 1340 days has
occurred. Further, the balance of convenience is
entirely in favour of the petitioner, since the petitioner's
valuable properties are at stake and if the above delay
is not condoned the petitioner will be put to serious loss
and hardship and on the other hand no loss or hardship
will be caused to the respondents.”
4.Apart from this, no other reasons have been given. Further,
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S.A.No.(SR).87597 of 2009
when the matter was called on 29.06.2022, the learned counsel for the
Electricity Board was directed to get instructions as to whether the
electricity connection to the suit premises has been disconnected.
5.Today, the learned counsel for the Electricity Board would
submit that the electricity connection was disconnected as early in the
year 2016.
In these circumstances, no useful purpose would be served in
keeping the petition pending. Hence the Civil Miscellaneous Petition
is dismissed and the Second Appeal in SR stage is rejected. No costs.
30.06.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
https://www.mhc.tn.gov.in/judis
S.A.No.(SR).87597 of 2009
1.The Subordinate Judge,
Ranipet.
2.The Principal District Munsif -cum-
Judicial Magistrate No.I,
Walajah.
P.T. ASHA, J,
mps
S.A.No.(SR).87597 of 2009
and
M.P.No.1 of 2013
https://www.mhc.tn.gov.in/judis
S.A.No.(SR).87597 of 2009
30.06.2022
https://www.mhc.tn.gov.in/judis
