Madras High Court
M.T.Sathiappa Thevar vs M.Thalaimuthu Ambalam (Died) on 27 February, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.M.P (MD) No.1135 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.M.P (MD) No.1135 of 2025
in Rev.Aplc(MD) SR.No.48524 of 2024
M.T.Sathiappa Thevar
S/o.Mathuva Thevar .... Appellant
Versus
1.M.Thalaimuthu Ambalam (Died)
S/o.Malayandi Ambalam
2. O.B.Kesavan (Died)
S/o.O.M.Balakrishnan
3. O.M.Umarani
W/o.Late O.K.Mahesh
4. Minor O.M.Navaneetha
D/o.O.K.Mahesh
Plot No.A-6/4. K.K.Nagar
Madurai – 625 020
(R4 is represented by her mother and guardian of R3)
5. T.Thangaraj
S/o.Late M.Thalaimuthu Ambalan
6. T.Mohan
S/o.Late M.Thalaimuthu Ambalam
1/5
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C.M.P (MD) No.1135 of 2025
7. T.Rajaram
S/o.Late M.Thalaimuthu Ambalam
8. D.Mariammal
W/o.Durairaj
9. M.Seethi Ammal
W/o.Malaisamy
10. T.Ponnuthai
D/o.Late M.Thalaimuthu Ambalam ....Respondents
C.M.P (MD) No.1135 of 2025 :Civil Miscellaneous Petition is filed to
condone the delay of 937 days in filing the above review application.
Rev.Aplc(MD) SR.No.48524 of 2024:Review Application has been filed
under Section 114 read with Order 47 Rule 1 and 2 of Civil Procedure
Code 1908 to review the judgment and decree of this Court dated
12.02.2020 made in S.A.No.938 of 2008.
For Petitioner ... Mr.Saibu
For Mr.A.Arumugam
of M/s.Ajmal Associates (Law Firm)
For Respondent ... Mr.J.Ramakrishnan
for R1 and R2
------
ORDER
This Civil Miscellaneous Petition is filed to condone the delay of 937
days in filing the review application.
2. The reason assigned in the application to the effect that he has
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applied for certified copy of the sale deed to the First Joint Sub-Registrar,
Madurai South on 13.06.2024 and received the certified copy on the same
day and thereafter, he applied for certified copy of judgment and decree in
second appeal on 10.07.2024 and it was made ready on 16.07.2024 and
delivered to him on 18.07.2024 and thereafter, he has filed the review
application on 16.08.2024 and hence, there is a delay of 937 days in filing
the review application.
3. It is relevant to note that second appeal was disposed of on merits
on 12.02.2020 by reversing the decree of the specific performance suit and
only on 10.07.2024, the petitioner applied for certified copy of judgment
and decree in second appeal. The reasons given in the affidavit itself would
indicate that the petitioner was sleeping from 12.02.2020 and he has applied
for certified copy only on 10.07.2024. The reasons for each day delay has
not been given by the petitioner.
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4. When a case has been decided on merits and reached finality, filing
a review with huge delay in a casual manner is allowed, there will not be
any end to the litigation. The reasons assigned by the petitioner is not
sufficient even to consider the application on merits when a person
approaches the Court with such a huge delay and without plausible
explanation. The averments in the affidavit itself indicate that no
explanation whatsoever has been given for such huge delay and this
application has been filed thinking that as a matter of right, the delay would
be condoned.
5. Therefore, I do not find any merits in the application and the same
is dismissed. Consequently, review application in Rev.Aplc(MD) SR.No.
48524 of 2024 stands rejected. There shall be no order as to costs.
27.02.2025
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N. SATHISH KUMAR, J
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in Rev.Aplc(MD) Sr.No.48524 of 2024
27.02.2025
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