Saveriya Pitchai vs Fathima
2022 Latest Caselaw 17123 Mad

                                                                               CRP(MD)No.1825 of 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated: 01.11.2022

                                                          CORAM:

                                     THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                 CRP(MD)No.1825 of 2022
                                                          and
                                                 CMP(MD)No.4923 of 2022

                Saveriya Pitchai                                          ... Petitioner

                                                          Vs
                Fathima                                                   ... Respondent

                PRAYER: Civil Revision Petition is filed under Article 115
                of the Constitution of India, to set aside the fair and
                final order dated 02.07.2018 made in I.A.No.54 of 2018 in
                A.S.No.13 of 2010 on the file of the Subordinate Judge,
                Vallioor by allowing this civil revision petition.


                                   For Petitioner         : Mr.P.Santhoshkumar


                                                          ORDER

This civil revision petition is filed as against the

fair and decreetal order dated 02.07.2019 made in

I.A.No.54 of 2018 in A.S.No.13 of 2010 by the learned

Sub Judge, Valliyoor.

https://www.mhc.tn.gov.in/judis CRP(MD)No.1825 of 2022

2.The petitioner has filed the suit in

OS.No.118 of 2005 for the relief of declaration and for

permanent injunction. The suit was dismissed by judgment

and decree dated 14.12.2009 by Additional District Munsif,

Valliyoor. As against the said judgment and decree,

the petitioner filed an appeal before the Sub Court,

Valliyoor in A.S.No.13 of 2020 and the same was dismissed

on 06.11.2012 for default. The petitioner has filed an

interlocutory application in I.A.No.54 of 2018 to set aside

the dismissal order dated 06.11.2012, with a delay of 1716

days. Being not satisfied with the reasons assigned by the

petitioner for the said delay, the appellate Court

dismissed the application. Aggrieved over the same the

present civil revision petition is filed.

3.The learned Counsel for the petitioner submits that

by holding that no evidence was produced to prove that the

petitioner was ill and no material was produced to prove

the residence address the appellate Court dismissed the

said application. The appellate Court has not considered

the explanation and the reasons given by the petitioner for

the delay of 1716 days in filing the application to set

https://www.mhc.tn.gov.in/judis CRP(MD)No.1825 of 2022

aside the dismissal order. Further, the delay should be

taken in a lenient manner to meet the ends of justice.

4.Heard the learned Counsel for the petitioner and

perused the materials.

5.The petitioner has suffered a decree in

O.S.No.118 of 2005 dated 14.12.2009 and he has also filed

an appeal in A.S.No.13 of 2010 before the

Sub Court, Valliyoor, but has failed to prosecute it and

therefore, the appeal was dismissed for default on

06.11.2012. However, the application to set aside the

dismissal order was filed with a delay of 1716 days on

17.11.2017 on the ground that he was suffering with illness

and he also resided in his relatives house and therefore,

he could not contact his counsel. However, to substantiate

his claim, the petitioner has not produced any material

that he was ill and he moved to his relatives house. In the

absence of any material, this Court is not inclined to

entertain this petition and there is no reason to interfere

with the order challenged herein.

https://www.mhc.tn.gov.in/judis CRP(MD)No.1825 of 2022

6.In the result, this civil revision petition is

dismissed. No costs.

01.11.2022

dsk

To

The Sub Judge, Valliyoor.

https://www.mhc.tn.gov.in/judis CRP(MD)No.1825 of 2022

B.PUGALENDHI, J.

dsk

CRP(MD)No.1825 of 2022

01.11.2022

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