Madras High Court
Pushpalatha vs Sornam on 13 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(NPD)(MD).No.225 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(NPD)(MD)No.225 of 2025
1. Pushpalatha
2. Boobala Murugan
3. Sathya Boomadevi ... Petitioners/Appellants/
Plaintiffs 4, 5 and 6
Vs.
1. Sornam
2. Muthusamy ... Respondents/Respondents
Defendants 1 and 2
3. Vaiyapuri @ Seenivasan
4. Mariappan @ Rajarathinam (Died)
5. Subburaj .... Respondents/Respondents/
Plaintiffs 1 and 3
6. Hemamalini .... Respondents/Respondents/
7th Plaintiff
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, to direct the learned Subordinate Judge, Thirumangalam to number the
1/6
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.225 of 2025
First Appeal filed by these petitioners in Unregistered A.S.ATN No.2023000
5159C202400004 of 2024 on the file of the Subordinate Judge,
Thirumangalam.
For Petitioner : Mr.B.Rajesh Saravanan
ORDER
The plaintiffs 4 to 6 in O.S.No.197 of 2014 on the file of the District
Munsif cum Judicial Magistrate Court, Peraiyur, are the revision petitioners
herein. They have filed the said suit for the relief of declaration and
permanent injunction. The suit was dismissed by the trial Court on
21.02.2024. The plaintiffs have filed copy application on 23.02.2024. The
copies were made ready on 06.03.2024 and they were taken delivery on the
same day.
2. The plaintiffs/appellants presented the appeal before the Sub Court,
Thirumangalam on 03.04.2024 through online. The same has been returned
by the office on 08.04.2024 with a direction to file a petition under Order 41
Rule 3(A) of C.P.C. Apart from this, other defects have also been pointed out.
3. It is the grievance of the revision petitioners that when the appeal
was filed within 30 days through online, the office of the Sub – Court,
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.225 of 2025
Thirumangalam, ought not to have returned the appeal citing that there is a
delay.
4. This Court, by an order, dated 30.01.2025 has called for a report
from the concerned Court. The learned Subordinate Judge, Thirumangalam
has submitted his report on 03.02.2025.
5. A perusal of the report reveals that the revision petitioners have
presented the appeal on 03.04.2024 through e-filing and the same was
returned on 08.04.2024. A perusal of the certified copy of the judgment and
decree of the trial Court reveal that the judgement was delivered on
21.02.2024 and the copy application was presented on 23.02.2024. The
copies were made ready on 06.03.2024 and it was taken delivery on
06.03.2024 itself. The appeal has been presented admittedly on 03.04.2024
within a period of 30 days. Therefore, it is clear that the appeal has been
presented in time. It is not known why return was made on 08.04.2024
indicating that the appellants should file an application to condone the delay
in filing the first appeal.
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.225 of 2025
6. In view of the above said facts, it is made clear that the first appeal
has been presented in time before the Sub Court, Thirumangalam. If the
appeal is otherwise in order, the concerned Court is directed to number the
appeal and proceed in accordance with law.
7. The original grounds of appeal and Vakalat along with return sheet
may be returned to the learned counsel appearing for the revision petitioners
after obtaining acknowledgment. In case, if the appeal is represented on or
before 25.02.2025, the same shall be entertained without insisting for
application to condone the delay in representation.
8. With the above said observations, this Civil Revision Petition stands
disposed of. There shall be no order as to costs.
13.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.225 of 2025
To
1. The District Munsif cum Judicial Magistrate Court,
Peraiyur.
2. The Subordinate Court,
Thirumangalam.
3. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R..P.(NPD)(MD).No.225 of 2025
R.VIJAYAKUMAR,J.
ebsi
C.R.P(NPD)(MD)No.225 of 2025
13.02.2025
https://www.mhc.tn.gov.in/judis
