Thilagavathi vs Sarojini @ Lalitha Saraswathi
2025 Latest Caselaw 8217 Mad

Madras High Court

Thilagavathi vs Sarojini @ Lalitha Saraswathi on 30 October, 2025

                                                                                         CRP NO. 68 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 30-10-2025
                                                    CORAM
                                    THE HONOURABLE MR.JUSTICE P.B. BALAJI
                                                CRP NO. 68 of 2025

                  Thilagavathi                                                           .... Petitioner

                                                                vs

                  1.Sarojini @ Lalitha Saraswathi
                  2.Thangaraji
                  3.A.Kuthalingam                                                            ... Respondents


                            Revision filed under Section 115 of Civil Procedure Code to set aside
                  the order passed in I.A.No.4 of 2023 in S.No.196 of 2023 in unnumbered As
                  N.... of 2023 against O.S.No.7 of 2016 dated 15.10.2024 on the file of
                  Principal District Judge, Dharmapuri.


                                    For Petitioner : Mr.Gowwtham Thelak V.B
                                    For Respondents:Mr.V.Sakkarapani
                                                    For R.2

                                                           ORDER

The revision petition is at the instance of the plaintiff whose original

suit in O.S.No.7 of 2016 came to be dismissed on 22.07.2022. An appeal

was preferred along with an application to condone the delay of 248 days,

however, the said application in I.A.No.4 of 2023 came to be dismissed by

the learned Principal District Judge, Dharmapuri finding that the revision

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 03:19:00 pm ) petitioner herein has not made out sufficient cause for condonation of delay.

2. Mr.Gowwtham Thelak V.B, learned counsel for the petitioner would

invite my attention to the fact that the suit in O.S.No.7 of 2016 was jointly

tried along with the suit filed by the respondents in this revision in

O.S.No.170 of 2014, and by common judgment, both the suits came to be

dismissed. As against the dismissal of the other suit, the respondents have

preferred an appeal in A.S.No.42 of 2022, which is pending before the

learned Additional District Court, Dharmapuri. In the light of the above, the

delay also not being inordinate and it is only a delay of 248 days in preferring

the appeal and in any event, when the appeal against the judgment in the

common suit is pending consideration in A.S.No.42 of 2022, no serious

prejudice would be caused to the respondents, if the delay is condoned and

the petitioners are also permitted to challenge the common judgment in

O.S.No.7 of 2016.

3. Learned counsel for the respondents also fairly admitted to the

position that the connected appeal in A.S.No.42 of 2022 is pending.

4. In the light of the above, in order to do substantial justice to the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 03:19:00 pm ) parties,I am inclined to set aside the order passed in I.A.No.4 of 2023 in

S.No.196 of 2023 in unnumbered A.S.No.... of 2023 and the delay of 248

days in preferring the appeal is condoned. The appeal shall be numbered and

posted before the learned Additional District Judge, Dharmapuri, to be heard

jointly along with A.S.No.42 of 2022. The learned Additional District Judge,

Dharmapuri shall expedite the hearing and dispose both the appeals on merits

and in accordance with law within a period of six months from the date of

receipt of a copy of this order.

5. With the above direction, the civil revision petition is allowed. No

costs.

30-10-2025

Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr

To

The Principal District Court, Dharmapuri

P.B.BALAJI.,J

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 03:19:00 pm ) sr

30.10.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 03:19:00 pm )