J. Mythili v. Abdul Razak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-02-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM in Review Application SR No.159630 of 2023 J.Mythili .. Applicant both in CMP and in Review Application -vsAbdul Razak .. Respondent both in CMP and in Review Application CMP No.3413 of 2024 is filed to condone the delay of 1403 days in filing the Review Application.

Review Application SR No.159630 of 2023 is filed under under Clause 15 of the Letters Patent against the order passed in CMP No.443 of 2019 in AS SR No.123666 of 2018 dated 12.12.2019.

For Petitioner in both CMP and Review Application:

Ms.J.Mythili [Party-in-Person]

O R D E R

The order dated 12.12.2009 passed in CMP No.443 of 2019 in AS SR No.123666 of 2018, is sought to be reviewed in the present Review Application.

2. The respondent instituted the suit for declaration of right and title. The suit was decreed as prayed for in the plaint.

3. The review petitioner filed an appeal suit in AS SR No.123666 of 2018 with a delay of 1435 days. The condone delay petition filed in CMP No.443 of 2019 was dismissed by this Court on 12.12.2019.

4. The present Review Application has been filed with the delay of 1403 days. The reasons stated for condoning such long delay are neither candid nor convincing.

5. The petitioner is not vigilant enough to pursue her remedy despite the fact that the suit was decreed long before. More-so, the petitioner has not made out any error apparent on record for the purpose of exercise of powers of review under Order 47, Rule 1 CPC. Thus, the Review Application SR No.159630 of 2023 stands rejected. Consequently, the civil miscellaneous petition stands dismissed. However, there shall be no order as to costs.

22-02-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn S.M.SUBRAMANIAM, J.

Svn in Rev.Application SR No.159630 of 2023 22-02-2024