Madras High Court
A.Sahul Hameed vs M.Mumtaj Begam on 27 July, 2023
C.R.P(MD)No.2431 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.2431 of 2017
A.Sahul Hameed ...Petitioner/Petitioner/
Appellant
Vs.
1.M.Mumtaj Begam
2.J.Syed Mohamed
3.M.Meera Sait
4.The District Collector,
Collectorate Office, Theni,
Theni District.
5.The Land Surveyor,
The District Land Survey Office,
Collectorate Campus, Theni,
Theni District.
6.The Tahsilthar,
Tahsilthar Office,
Near Ulavar Sandai,
Theni,
Theni District.
7.The Head Surveyor,
Tahsilthar Office Campus,
Near Ulavar Sandai,
Theni,
Theni District.
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1/6
C.R.P(MD)No.2431 of 2017
8.The Sub Registrar,
Sub Registrar Office,
N.R.T.Nagar,
Theni,
Theni District.
9.S.Mujibur Rahuman ...Respondents/Respondents/
Respondents
PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C.,
to set aside the fair and decreetal order dated 12.10.2017 made in I.A.No.
70 of 2016 in unnumbered A.S.No. of 2016 on the file of the Sub Court,
Theni.
For Petitioner : Mr.M.Mohamed Ibram Saibu
M/s.Ajmal Associates
For R1, R2 to R9 : No Appearance
For R4 to R8 : Mr.M.Senthil Ayyanar
Govenment Advocate
ORDER
The present civil revision petition has been filed against the order
passed by the Sub Court, Theni in I.A.No.70 of 2016 in unnumbered
A.S.No. of 2016, dated 12.10.2017.
2. The petitioner has filed a memo to dispense with notice as
against the third respondent. Hence, this civil revision petition is
dismissed as against the third respondent.
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C.R.P(MD)No.2431 of 2017
3. It appears that the plaintiff/ninth respondent herein has filed a
suit in O.S.No.71 of 2012 against the first defendant, who is the
petitioner herein and other defendants for the relief of injunction. It
appears that the suit was decreed on 21.08.2013.
4. The petitioner herein appears to have filed an application for
condonation of delay of 942 days in filing the appeal against the
judgment and decree, dated 21.08.2013. Even in the previous suit in
O.S.No.255 of 2009, the petitioner has filed an application to condone
the delay of 1019 days and it was ultimately dismissed. Hence the
respondents herein prayed to dismiss the application.
5. The learned Trial Judge vide order dated 12.10.2017 has
rejected the petitioner’s petition to condone the delay of 942 days. The
learned Trial Judge has disbelieved the averments of the petitioner and
ultimately dismissed the application.
6. Aggrieved with the order, the petitioner herein has come up
with this petition.
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C.R.P(MD)No.2431 of 2017
7. The learned counsel for the petitioner would submit before this
Court that only because of the ailment of the petitioner, she was not able
to file an appeal in time, therefore, he prayed to condone the delay of 942
days.
8. On behalf of the respondents 4 to 8, the learned Government
Advocate is present. In respect of other private respondents 1, 2 to 9,
there is no representation on behalf of them.
9. I have given my anxious consideration to either side submission.
10. The main contention urged by the learned counsel for the
petitioner is that the petitioner’s wife was suffering from jaundice and
that is why there was a delay in filing the connected appeal. However,
this Court perused the order of the Trial Court in O.S.No.71 of 2012, it
appears that the petitioner has not filed any written statement to the suit,
which factum was also fairly conceded by the learned counsel for the
petitioner. Therefore, considering the long delay of 942 days and not
filing a written statement before the trial Court, this Court do not find
any justification in condoning the delay of 942 days.
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C.R.P(MD)No.2431 of 2017
11. In the result, this Civil Revision Petition stands dismissed. No
costs.
27.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sn
To
1.The Sub Court,
Theni.
2.The Section Officer
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2431 of 2017
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.2431 of 2017
27.07.2023
https://www.mhc.tn.gov.in/judis
