Madras High Court
Manokaran vs Salammal on 3 January, 2023
CRP.No.2255 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.No.2255 of 2019 and
CMP.No.14679 of 2019
1.Manokaran
2.Sakthivel
3.Thirumurugan
4.Suresh
5.Rajammal ... petitioners
Vs.
1.Salammal
2.Madhaiyan
3.Jayamani
4.Sigamani
5.Latha @ Valarmathi
6.Sivaji ... Respondents
PRAYER:
Civil Revision Petition filed under Section 115 of CPC to set aside the fair
and decretal order dated 18.06.2019 made in IA.No.511 of 2018 in IA.No.1260 of
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CRP.No.2255 of 2019
2017 in OS.No.147 of 2015 on the file of District Munsif Court, Dharmapuri and
to allow the above civil revision petition.
For Petitioners : Mr.C.Prabakaran
For Respondents: Mr.B.Sundara Pandian
ORDER
This civil revision petition has been filed to set aside the fair and
decretal order dated 18.06.2019 made in IA.No.511 of 2018 in IA.No.1260 of
2017 in OS.No.147 of 2015 on the file of District Munsif Court, Dharmapuri,
thereby dismissed the petition filed under Section 148 of CPC for extension of time
to pay cost.
2. Heard, the learned counsel for the petitioners and the learned
counsel for the respondents.
3. The petitioners are the defendants in the suit filed by the
respondents for declaration in respect of the suit property. On receipt of suit
summons, they filed written statement. Thereafter, they were set exparte. As
against the exparte order, they filed petition in IA.No.328 of 2016 to set aside
the exparte order. It was allowed by order dated 06.01.2014 on cost of Rs.500/-
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CRP.No.2255 of 2019
However, the said cost amount was not paid and subsequently, the petitioners
filed IA.No.637 of 2017 for exension of time under Section 148 of CPC. It was
also dimissed by order dated 09.08.2017. Thereafter, the court below passed
exparte judgment and decree. Again, the petitioners filed petition to set aside
exparte decree in IA.No.1260 of 2017 and the same was also allowed by order
dated 06.04.2017 on payment of Rs.2,000/- as cost. Again, the petitioners failed
to pay the cost and subsequently, the present application for extension of time
under Section 148 of CPC in IA.No.511 of 2018 has been filed.
4. It is seen from the records, the petitioners' attitude only to drag the
proceedings and nothing else. They have not stated any reason for extension of
time for payment of cost. Earlier also, they failed to pay cost of Rs.500/- and
subsequently they also failed to pay cost of Rs.2,000/- while allowing the
petition to set aside the exparte decree. That apart, the petitioners also filed suit
for declaration, injunction and mandatory injunction as against the respondents
in respect of the very same property and it is pending in OS.No.150 of 2015 on
the file of the District Munsif Court, Dharmapuri, which is pending. Therefore,
the court below rightly dismissed the petition and this Court finds no infirmity
or illegality in the order passed by the court below.
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CRP.No.2255 of 2019
5. Accordingly, this civil revision petition is dismissed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to costs.
03.01.2023
Speaking/non-speaking
Index : Yes/No
Internet : Yes
lok
https://www.mhc.tn.gov.in/judis
CRP.No.2255 of 2019
https://www.mhc.tn.gov.in/judis
CRP.No.2255 of 2019
G.K.ILANTHIRAIYAN, J.
lok
To
The District Munsif Court,
Dharmapuri
CRP.No.2255 of 2019
03.01.2023
https://www.mhc.tn.gov.in/judis
