T.Rusonixon vs L.Sundarsingh
2024 Latest Caselaw 20541 Mad

Madras High Court

T.Rusonixon vs L.Sundarsingh on 29 October, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                                  C.R.P.(MD)No.2730 of 2024




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 29.10.2024

                                                       CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                            C.R.P.(MD)No.2730 of 2024

              T.Rusonixon                                                        ... Petitioner
                                                          Vs.
              1.L.Sundarsingh
              2.Jammathuram
              3.K.Jimilasanthi                                                   ... Respondents


              PRAYER : Civil Revision Petition is filed under Section 115 of C.P.C., against
              the order, dated 30.06.2021, passed in I.A.No.1 of 2019 in A.S.S.R.No.1342 of
              2019 on the file of the Principal District Judge, Kanniyakumari at Nagercoil.

                                     For Petitioner             : Mr.M.P.Senthil
                                     For R1                     : M/s.Kalayarasi Bharathi
                                     For R2 & R3                : No appearance
                                                        *****

                                                       ORDER

The present civil revision petition is filed by the 1 st defendant in the suit

against the order, dated 30.06.2021, passed in I.A.No.1 of 2019 in A.S.S.R.No.

https://www.mhc.tn.gov.in/judis

1342 of 2019 on the file of the Principal District Judge, Kanniyakumari at

Nagercoil.

2.The revision petitioner, the 2nd defendant in the suit, has preferred an

appeal suit which is in SR stage. The 1st respondent herein / plaintiff had preferred

a suit for specific performance and the same was allowed against which the

revision petitioner / 1st defendant had preferred an appeal. However, the said

appeal had been filed along with petition to condone the delay of 421 days in

I.A.No.1 of 2019 and the same was disallowed. Aggrieved over the same, the

present civil revision petition is filed.

3. This Court is of the considered opinion that each and every day of delay

need not be explained. If there are genuine reasons in the affidavit, the delay

ought to be condoned. The revision petitioner had stated health reasons and the

same is acceptable. Therefore, this Court is inclined to condone the delay of 421

days. The impugned order passed in the I.A., is set aside and the delay is

condoned. The Principal District Court, Kanniyakumari, is directed to number the

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Appeal Suit and the said appeal shall be completed within a period of six months

from the date of receipt of a copy of this judgment.

4. With the above said observations, the civil revision petition is allowed.

No costs.

                                                                                29.10.2024

              NCC                 : Yes / No
              Index               : Yes / No
              Internet            : Yes

              Tmg

              To

              1. Principal District Judge,
                 Kanniyakumari at Nagercoil.

              2.The Section Officer,
                Vernacular Records Section,
                Madurai Bench of Madras High Court,
                Madurai.

https://www.mhc.tn.gov.in/judis

S.SRIMATHY, J.

Tmg

29.10.2024

https://www.mhc.tn.gov.in/judis