Madras High Court
Rayar vs Selvarasu on 8 November, 2024
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
CMP.No.24960 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 08.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CMP.No.24960 of 2024
in
CRP SR.No.140401 of 2024
1. Rayar
2. Jothi
3. Ravi . . . Petitioners
Versus
1. Selvarasu
2. Ayyadurai
3. Kalyanasundaram
4. Dhanavel
5. Sandhanavalli Ammal
6. Susila
7. Panjavarnam Ammal
8. Arul Kumar
9. Arularasan . . . Respondents
PRAYER : Petition filed under Article 227 of Constitution of India to set aside the
decree and judgment dated 19.10.2023 passd in I.A.No.160 of 2022 in
unnumbered A.S.No. Of 2022 on the file of the Principal District Court, Cuddalore
District.
Page 1 / 5
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CMP.No.24960 of 2024
For petitioner : Mr.S.Pushpakaran
ORDER
This petition has been filed to condone the delay of 244 days in preferring
the Civil Revision Petition against the dismissal of the application filed to condone
the delay of 1913 days in preferring an appeal against the decree and judgment
passed in O.S.No.44 of 2011 on the file of the Sub Court, Neyveli.
2. The reason assigned in the affidavit to condone the delay of 1913 days is
that the suit was contested by the father of the petitioners and he has become ill
and he is not aware of the pendency of the suit. It is his further contention that he
came to know about the suit only during the final decree proceedings when the
properties are sought to be measured. Hence, an application has been filed to
condone the delay of 1913 days in preferring the appeal. The trial Court
considering the entire materials, particularly, the evidence of D.W.1, who is none
other than the second petitioner in the application, who has sworn on behalf of the
other petitioners, came to the conclusion that infact the second petitioner was
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examined as D.W.1 and one Suresh was examined as D.W.2 and D.W.1 has also
admitted that they have no objection for partition of the properties except in respect
of 7, 8, 9 10 and 15 and they have no objection for passing of the preliminary
decree in respect of other 16 items of the properties. Having given evidence, now
in the affidavit filed along with the application to condone the delay, it has been
avered as if, the petitioners are not aware of the proceedings. Hence, the trial
Court dismissed the application to condone the delay 1913 days in preferring the
appeal. As there is a delay of 244 days in preferring a Civil Revision Petition,
against the said Order of dismissal, the present petition has been filed.
3. A perusal of entire materials indicate that the petitioner has not given any
explanation to condone such a huge delay of 1913 days except contending that
only the petitioners' father was contesting the suit and the petitioner is not aware of
the proceedings. But the fact remains that the very affidavit itself is nothing but
own imagination of the petitioner. Infact, the second petitioner, who has sworn the
affidavit, has been examined as as D.W.1 on the side of the defendant and he has
in his evidence admitted for passing of preliminary decree in respect of 16 items of
suit properties in favour of the plaintiffs. After participating in the trial, now an
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application has been filed contending that he is not aware of the proceedings and
passing of the preliminary decree. The said contention itself, in fact, indicate that
the present petition is nothing but an abuse of process of law. Therefore, the Order
of the trial Court does not require any interference. Hence, there is no purpose in
condoning the delay of 244 days in preferring a Civil Revision Petition against the
Order of the trial Court in dismissing the application filed to condone the delay of
1913 days.
Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently,
the Civil Revision Petition is rejected. No costs.
08.11.2024
Index : Yes / No
Internet: Yes
Speaking/non speaking order
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N. SATHISH KUMAR, J.
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08.11.2024
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