B.Sumithra v. G.Sukumaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE T.V.TAMILSELVI CRP.No.1797 of 2019
1. Sumithra
2. Prem Kumar
3. S.Sangeetha ..Petitioners/ Petitioners/Respondents 61, 62 & 64 ..Vs..
1. G.Sukumaran
2. Velayutham
3. Devaiyanai
4. Rajeswari
5. Prema
6. Shantha
7. Kumaran
8. Rani
9. Lakshmi 10 Janaki
11. Sarasa
12. Pappammal
13. Kasthuri
14. Manohar
15. Srinivasan
16. Rukmani Ammal
17. R.Krishnasamy
18. Mohan
19. Vijayalakshmi
20. Nandhini
21. Anusya
22. Valluvan
23. Kodiyalagi
24. Lakshmi
25. Arivalagan
26. Karithigayan
27. Muthulakshmi
28. Thirumaran
29. Prithviraj
30. Kumudavalli
31. Thamarai Selvi
32. Veralakshmi
33. Poongazhali
34. Kasthuri
35. Punitha
36. N.Surya
37. Maha
38. Jamuna
39. Bhavani
40. Sivaraman
41. S.Punitha
42. Anand
43. Balparidha
44. Balachandar
45. Duariraj
46. Murthu
47. Kalairasan
48. Ezhilarasan
49. Kalanjiam
50. Muthukumar ..Respondents/Respondent/ Petitioners & Respondents 2, 5, 9, 10, 11,15, 16 to 22, 24 to 48, 50 to 60, 63 to 65 Prayer:- Civil Revision Petition filed under article 115 of CPC against the order and decreetal order of the learned Principal District Munsif Judge, Poonamallee made in I.A.No.156 of 2018 in I.A.No.189 of 2010 in
O.S.No.1597 of 1981 dated 15.11.2018.
For Petitioner : Mr.B.Dinesh Kumar For Respondents : Mr.C.Prakasam for R1 & R14 Mr.G.Rm.Palaniappan for R4, R18, R21 & R22 Mr.S.Gopinath for R25 to 33, 47, 49 &50 R2, R3, R5 to R10 & R13 - unclaimed R11, 15, 16 & 46 - Vacated R12 - Insufficient Address R19 & R34 - No such person R41 to R43 - Gone Out NA - 19,20, 23, 24 & 35 to 40 to 44 45, 48 & 51
ORDER
This Revision Petitioners herein are the 61, 62 and 64th respondents in I.A.No.189 of 2019, is a final decree application as per the preliminary decree passed in O.S.No.1597 of 1981. 2.I.A.No.156 of 2018 was filed before the Principal District Munsif Judge, Poonamallee to condone the delay of 353 days in setting aside the exparte order passed in I.A.No.189 of 2010 stating that no notice was served in I.A.No.189 of 2020. I.A.No.189 of 2020 filed to implead the legal heirs of the deceased. The Trial Court took into consideration the facts and circumstances of the case, dismised I.A.No.156 of 2018 on the ground that the delay was not properly explained. Challenging the said order, this Civil
Revision petition has been filed to set aside the order in I.A.156 of 2018 dated 15.11.2018.
3.
The learned counsel for the revision petitioners submitted that the Trial Court without properly appreciated the fact that no notice was served on them, had dismissed the condone delay application and hence, prays for setaside the order passed by the Trial Court.
4.
By way of reply affidavit, the learned counsel for respondents 4, 18, 21 and 22 submitted that the petitioners have not appeared and submitted any objection. More over, the preliminary decree was passed on merits and the said decree was not challenged. After passing of the Preliminary decree, one of the respondent died and to implead the legal representatives of the deceased, the said I.A.No.189 of 2010 was filed before the Trial Court and the same was ordered, after hearing both sides and no prejudice had caused to any of the persons. Under such circumstances, without any valid reasons, they have preferred I.A. No.156 of 2018 after the delay of 353 days and the same was rightly dismissed by the Trial court not satisfied with the reasons stated by them. Hence, the Civil Revision Petition is liable to be dismissed. 5.
Heard both sides and perused the records placed before this Court.
6.
This Court after carefully perusing the records finds that inspite of several opportunities given to the revision petitioners, they have not raised any objection, more over, I.A.No.189 of 2010 is filed to implead the legal heirs of the deceased respondent, who is a party to the proceedings and necessary parties. Hence, this Civil Revision Petition is dismissed and the order of the Trial Court is confirmed. Since the case is pending from the year 2010, the Trial Court is directed to proceed further with the case and complete the same within a period of six months from the date of receipt of copy of this order. 13.10.2022 rka Speaking Order/Non Speaking Order Index :
Yes / No Internet :
Yes / No To The Principal District Munsif Judge, Poonamallee
T.V.THAMILSELVI.,J rka CRP.No.1797 of 2019 13.10.2022