P. Kandasamy v. Chinnasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.R.P.(NPD).No.1236 of 2015 P.Kandasamy .. Petitioner vs.

Pachiyannan (died) 1.Chinnasamy 2.Pothiyammal 3.Pillyannan 4.Ponnusamy 5.Maanikam 6.Mani 7.Kundukasi 8.Cingarammal 9.Thangammal .. Respondents Prayer.: Civil Revision petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 09.02.2015 made in I.A.No.194 of 2013 in O.S.No.11 of 1999 on the file of the District Munsif cum Judicial Magistrate Court, Pennagaram.

For Petitioner : Mr.M.Raja Sekhar For Respondents : Mr.V.Nicholas

O R D E R

The present Civil Revision Petition has been filed to set aside the fair

and decretal order dated 09.02.2015 made in I.A.No.194 of 2013 in O.S.No.11 of 1999 on the file of the District Munsif cum Judicial Magistrate Court, Pennagaram.

2. By the impugned order, the trial Court has declined to condone the delay of 2582 days in filing the petition to restore the suit. The said application was dismissed on the ground that there was no satisfactory explanation given by the petitioner for the delay in 2582 days in filing the petition.

3. The learned counsel for the petitioner and the respondents submitted that connected suit in O.S.No.49 of 2011 between the same parties is pending and hence the dismissal of the present Civil Revision Petition shall not prejudice either of the parties .

4. I have perused the order. I do not find any reason to interfere with the impugned order. Consequently, the present civil revision petition is dismissed. The parties are at liberty to contest the said suit uninfluenced by the order passed in the present Civil Revision Petition. No costs. 25.06.2019 Index :Yes/No Internet :Yes/No

kkd To The District Munsif cum Judicial Magistrate Court, Pennagaram.

C.SARAVANAN,J.

kkd CRP.(NPD).No.1236 of 2015 25.06.2019