A.Unchiyammal v. K.Gopinath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP.PD.Nos.3990 & 3991 of 2017 and CMP.Nos.18618 & 18619 of 2017 A.Unchiyammal ... Petitioner in both CRP's Vs.

1. K.Gopinath

2. Parameshwari

3. Bhuvaneshwari

4. Parimala

5. S.Bhavani

6. R.Usha

7. The District Collector, Office of the Collectorate, Kanchipuram

8. The District Revenue Officer, Kancheepuram, Kancheepuram District

9. The Revenue Divisional Officer, Kancheepuram Kancheepuram District

10. The Tahsildar, Uthiramerur Taluk, Kancheepuram District

11. The Zonal Deputy Tahsildhar, Uthiramerur Taluk, Kancheepuram District

12. Hariharan .. Respondents in CRP.PD.No.3990 of 2017 D.Hariharan .. Respondent in CRP.PD.No.3991 of 2017

COMMON PRAYER : The Civil Revision Petitions are filed under Section 115 of the Civil Procedure Code against the fair and decreetal orders of the learned Subordinate Judge, Kancheepuram passed in IA.Nos.1261 & 1270 of 2016 in O.S.No.210 of 2014 dated 01.06.2017. For Petitioner : Mr.A.Ilaya Perumal in both CRP's COMMON O R D E R According to the petitioner, the petitioner has filed a suit in O.S.No.210 of 2014 for declaration of title and permanent injunction. In the aforesaid suit, the petitioner filed an application in IA.No.205 of 2015 for temporary injunction, which was dismissed. Challenging the said order, the petitioner filed a Civil Revision Petition before this Court in CRP.No.2015 of 2015, wherein an interim order was granted by this Court and the Civil Revision Petition is pending.

In the mean time, ex-parte decree was passed on 03.06.2016 in OS.No.210 of 2014. Pursuant to that, the defendants 6, 8 to 12 filed an application in I.A.No.1261 of 2016 to condone the delay of 108 days whereas the seventh defendant filed an application in IA.No.1270 of 2016 to condone the delay of 135 days in filing an application to set aside the ex-parte decree passed in the above suit.

ailment they were unable to travel from Kancheepuram to Chennai to appear before the court on 03.06.2016. Therefore, there is a delay of 108 days and 135 days in filing the above applications to set aside the ex-parte decree. The petitioner / respondent filed counter statement by stating that a Civil Revision Petition in CRP.No.2015 of 2015 is pending before this Court. Further, the respondents have not filed written statement and subsequently ex-parte decree was passed by the court below. Further, the petitioner had stated that no sufficient cause has been given in the affidavit for condoning the delay. Therefore, the applications are liable to be dismissed. By considering the facts and circumstances of the case and also decision of this Court, the court below has allowed the application.

Challenging the aforesaid order, the petitioner has filed the present Civil Revision Petition before this Court by contending that there is no sufficient reason stated in the affidavit to condone the inordinate delay and there is no material documents produced by the respondent to prove such inordinate delay in allowing the application. Therefore, the orders passed by the court below are liable to be set aside.

2. The court below satisfied with the reasons stated in the affidavit for condoning the delay. Further, in the light of the decision

The Hon'ble Supreme Court in the case of Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy & Ors., reported in (2013) 12 SCC 649, has observed that there should be a liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice.

3. In the light of the above facts and decisions, no prima facie case is made out to entertain the Civil Revision Petition. Therefore, there is no error or illegality in the order passed by the court below.

4. In the result, the Civil Revision Petitions fail and accordingly, the Civil Revision Petitions are dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. 01.11.2017 Speaking / Non-speaking order Index : Yes/No Internet: Yes/No lok

To The learned Subordinate Judge, Kancheepuram

D.KRISHNAKUMAR.J lok CRP.PD.Nos.3990 & 3991 of 2017 and CMP.Nos.18618 & 18619 of 2017 01.11.2017