Madras High CourtCRP/984/2018dismissed

K.Shanmugam, v. P.Vajjiravelu(Died)

2020-07-21Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP No.984 of 2018 and CMP No.5250 of 2018

1. K.Shanmugam

2. K.Vasudevan ..Petitioners Vs.

P.Vajjiravelu (Died)

1. P.Namachivayam

2. Yasodha 3.Deivannaiammal

4. Kasthuri

5. V.Raveendran

6. Karpagam ..Respondents Prayer: The Civil Revision petition filed under Article 227 of Constitution of India, against the fair and decretal order dated 16.11.2011 in I.A.No.89 of 2010 in I.A.No.129 of 2007 in A.S.No.NIL of 2007 on the file of the Subordinate Judge, Ranipet, Vellore District.

For Petitioners : Mr.G.Raja Rajan For Respondents : Mrs.M.R.Sakunthala (for R3)

O R D E R

This Civil Revision has been filed challenging the order made in I.A.No.89 of 2010 dated 16.11.2011.

2. Heard Mr.Rajarajan, learned counsel appearing for the petitioners and Mrs.M.R.Sakunthala, learned counsel appearing for the 3rd respondent. Notice is yet to be served on the 1st and 5th respondents. Notice sent to 2nd respondent has been returned as refused and notice sent to the 4th respondent has been returned with an endorsement 'unclaimed'.

3. I am inclined to dismiss the Civil Revision petition on the short ground of laches. Hence, notice to the other respondents is deemed unnecessary.

https://hcservices.ecourts.gov.in/hcservices/

4. The order impugned in this Civil Revision petition has been passed on 16.11.2011 and this Civil Revision petition has been filed on 05.03.2018, almost seven years after passing of the order. Even though there is no limitation for a Civil Revision petition under Article 227 of Constitution of India, yet the principle of latches would apply. Hence, the Civil Revision petition is dismissed solely on the ground of latches. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vum To:

1. The Subordinate Judge, Ranipet, Vellore District.

+1cc to Mr.G.Rajan, Advocate, S.R.No.25072 CRP No.984 of 2018 and CMP No.5250 of 2018 BR(CO) KKV/17/08/2020 https://hcservices.ecourts.gov.in/hcservices/