Madras High Court
A.Tennarasu vs A.Ravi on 30 November, 2023
Author: Battu Devanand
Bench: Battu Devanand
C.R.P.(MD) No.1359 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2023
CORAM:
THE HONOURABLE Mr.JUSTICE BATTU DEVANAND
C.R.P.(MD) No.1359 of 2019
A.Tennarasu .. Petitioner/Petitioner/
Appellant
Vs.
1.A.Ravi
2.A.Balaguru
3.A.Illavarasan
4.J.Rajeshwari
5.R.Ramalakshmi
6.A.Pappa .. Respondents/Respondents/
Defendants 1 and 3 to 6
Prayer: Petition filed under Section 115 of Civil Procedure Code to set
aside the order dated 04.07.2019 in I.A.No.36 of 2018 in U/F.A.S.No.---
of 2018 on the file of the Principal District Court, Thanjavur.
For Petitioner : Ms.G.Porkodi
for Mr.G.Karnan
For R1 : Mr.D.Senthil
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C.R.P.(MD) No.1359 of 2019
For R2 : Mr.D.Vadivel
For RR3 to 5 : Mr.S.R.A.Ramachandran
ORDER
This Civil Revision Petition has been filed against the order dated
04.07.2019 in I.A.No.36 of 2018 in U/F.A.S.No.--- of 2018 on the file of
the Principal District Court, Thanjavur.
2. Heard both sides and perused the record.
3. The petitioner is the 2nd defendant in the suit in O.S.No.401 of
2010 on the file of the Additional Subordinate Judge, FAC, Thanjavur.
The suit was decreed vide decree and judgment dated 31.08.2015.
Aggrieved by the same, the petitioner filed an appeal in the year 2018
before the Principal District Judge, Thanjavur along with an interlocutory
application in I.A.No.36 of 2018 seeking to condone the delay of 888
days in preferring the appeal. The said interlocutory application was
dismissed by the Principal District Judge, Thanjavur vide his decree and
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order dated 04.07.2019. Against the dismissal of I.A.No.36 of 2018 in
unnumbered appeal filed in the year 2018 by the petitioner, the present
Civil Revision Petition is filed.
4. Having heard the submissions of the respective counsels and
upon careful perusal of the material available on record, it appears that in
the suit, the plaintiff claimed 1/7th share in the suit properties. The
petitioner/2nd defendant also claimed 1/7th share in the properties. The
trial Court passed preliminary decree.
5. The contention of the learned counsel for the petitioner is that
the petitioner was under the impression that he was allotted 1/7th share in
the entire properties. The petitioner came to know that the suit was
dismissed in respect of 3rd Item in 'B' Schedule property and Item Nos.1
to 3 in 'C' Schedule property, only after filing of the Commissioner's
report while passing of final decree in I.A.No.309 of 2016. Immediately
he obtained certified copy of the decree and judgment and preferred
appeal with a delay of 888 days and sought to condone the delay. But,
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the learned Principal District Judge, Thanjavur noted that the petitioner
was represented in the final decree proceedings in I.A.No.309 of 2016.
In such circumstances, the petitioner could have known the dismissal of
the suit with regard to the 3rd Item in 'B' Schedule and Item Nos.1 to 3 in
'C' Schedule properties. It is not the case of the petitioner that he is not
aware of the final decree proceedings in I.A.No.309 of 2016.
6. On perusal of the affidavit filed by the petitioner in I.A.No.36 of
2018 along with the appeal, the reasons for the delay of 888 days in
preferring the appeal are not properly explained by the petitioner. The
reason stated by the petitioner for the delay of 888 days that he is an
illiterate is not an acceptable reason.
7. In view of the above, in the opinion of this Court, the petitioner
failed to show any sufficient cause to condone the delay of 888 days in
preferring the appeal. As such, this Court is not inclined to interfere with
the reasoned order passed by the Principal District Judge, Thanjavur, in
the absence of any infirmity or illegality.
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8. For the above said reasons, this Civil Revision Petition is
dismissed.
9. There shall be no order as to costs.
30.11.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
abr
To
The Principal District Judge,
Thanjavur.
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BATTU DEVANAND, J.
abr
Dated : 30.11.2023
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