Madras High Court
Kanchana vs Ramakrishnan on 10 January, 2023
C.R.P.(NPD) No.1348 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2023
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.(NPD) No.1348 of 2020
and
CMP.No.7433 of 2020 & CMP.No.20351 of 2021
1. Kanchana
2. Barathi
3. Arikrishnan ... Petitioners
Vs.
1. Ramakrishnan
2. Ramanappa
3. Kasthuri
4. Nandakumar ... Respondents
Civil Revision Petition is filed under Article 227 of the Constitution
of India, to set aside the fair and decreetal order in I.A.No.253 of 2018 in
unnumbered AS of 2018, dated 03.10.2019 passed by the Principal
District Judge, Villupuram.
For Petitioners : Mr.V.Susithra
For Mr.V.Surender
https://www.mhc.tn.gov.in/judis
1/6
C.R.P.(NPD) No.1348 of 2020
For R1, 3 & 4 : Mr.K.Subburan
R2 - Notice dispensed with vide
Court Order dated 10.08.2022
ORDER
This Civil Revision Petition has been filed against the order passed
by the Learned Principal District Judge, Villupuram in I.A.No.253 of
2018 in unnumbered AS of 2018, dated 03.10.2019.
2. The petitioners herein are the appellants in Unnumbered A.S.No.
/ 2018. The appeal was preferred against the judgement and decree
passed by the Learned Additional Subordinate Judge at Tindivanam in
O.S.No.140 of 2013 dated 10.08.2017, along with the application in
I.A.No.253 of 2018 under Order 41 Rule 3(A) of C.P.C, to condone the
delay of 439 days in filing the said appeal. It was averred in the
application that the petitioners had arranged a counsel through one
advocate Mr.Kadar to appear in their case on their behalf and given
signed vakalath to engage their counsel, but no one has appeared in their
case on their behalf, and they came to know the said things only after
passing of the preliminary decree for partition by the Learned Additional
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C.R.P.(NPD) No.1348 of 2020
Subordinate Judge, Tindivanam on 10.08.2017, then immediately on that
day itself they applied for certified copies of the judgment and decree
passed by the Court, and the same was made ready on 31.08.2017, but
their counsel has not informed the availability of the certified copies to
prefer appeal in time and therefore, the delay of 439 days has occurred in
filing the appeal.
3. On perusal of the order passed by the Learned Principal District
Judge at Villupuram, it is seen that the petitioners have not shown
sufficient cause for the delay in not filing the appeal in time and therefore,
their application was dismissed by the Court below.
4. However, since there is a family dispute between the parties and
the petitioners are trying to settle the issues, this Court is inclined to allow
this petition on condition that the petitioners shall pay a sum of
Rs.5,000/- to the 1st respondent / plaintiff on or before 25.01.2023.
5. Accordingly, this Civil Revision Petition is allowed with the
above condition and the order passed by the Learned Principal District
Judge, Villupuram in I.A.No.253 of 2018 in unnumbered AS of 2018,
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C.R.P.(NPD) No.1348 of 2020
dated 03.10.2019 is set aside. No costs. Consequently, connected
miscellaneous petitions are closed.
6. The Learned Principal District Judge at Villupuram is directed to
number the appeal and post it before the Mediation Centre attached to the
Court for amicable settlement between the parties. The parties are
directed to appear before the Mediation Centre on the date to be fixed by
the Learned Principal District Judge without fail.
7. Post the matter on 01.02.2023 for reporting compliance of the
payment of cost.
10.01.2023
raja
Index : yes/no
Internet : yes/no
To
The Principal District Court, Villupuram
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) No.1348 of 2020
V.BHAVANI SUBBAROYAN.J.,
raja
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) No.1348 of 2020
C.R.P.No.1348 of 2020
and
CMP.No.7433 of 2020 & CMP.No.20351 of 2021
10.01.2023
https://www.mhc.tn.gov.in/judis
