S.Sivam (Deceased) v. Gunasakaran

C.M.P.No. 4614 of 2023 in C.R.P. SR. No. 9639 of 2023 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 216 days in filing the C.R.P. against the fair and decreetal order passed in I.A.No.222 of 2019 in O.S.No. 96 of 2018 dated 16.12.2021 on the file of District Munsif Court, Palacode, dated 16.12.2021.

2. Mr.R.Sethuvarayar, learned counsel for petitioner submitted that since the sole defendant died, his family members are unable to get particulars in time. Hence, there is a delay of 216 days arose in filing the above C.R.P. and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and on considering the reasons stated by the petitioner in the affidavit is justifiable one, this court is inclined to allow this petition on condition that the Revision Petitioners shall pay a cost of Rs.1000/- to the other side counsel within a period of one week from the date of receipt of copy of this order.

4. Registry is directed to number the Civil Revision Petition if it is otherwise found to be in order and post the matter on 20.04.2023. 06.04.2023 rpp - https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 4614 of 2023 in C.R.P.SR.No. 9639 of 2023 06.04.2023 https://www.mhc.tn.gov.in/judis