Sahilatha Supriya Banu v. Sabura Bivi

in Rev.Appl.SR.Nos.120573 & 120574 of 2023 T.V.THAMILSELVI, J.

These Petitions have been filed to condone the delay of 531 days in filing the Review petition S.R.Nos.120573 of 2023 & 120574 of 2023 against the judgment and decree dated 05.03.2021 passed in the S.A.Nos.1199 of 2008 & 1198 of 2008 respectively.

2. The learned counsel for the petitioner submitted that on 05.03.2021 during Covid-19 pandamic, judgment was pronounced. Due to lack of communication, they have not able to file review. The petitioner found that there is an error apparent on the face of the record to that effect, and the petitioner has filed review applications, having came to know about the disposal of the case with condone delay petitions. More particularly, the Power of Attorney was not properly appreciated and there is an erroneous finding by dismissing the relief claimed by the petitioner in his suit. Further, he has also contended that, as on date, the Power of Attorney was in force 1\4

and it was not declared as null and void, and the sale deed stands in the name of the petitioner, which is also in force and they are having valid defence to prove their claim in the above Appeals. Inspite of that, the appeals were dismissed and it is a clear case of error apparent on the face of the record, and hence to revisit the matter, he prays to condone the delay of 531 days in filing the above Review petitions. He further produced the typed set of papers and documents, in which, sale deed is enclosed, showing that it stands in the name of the petitiner, apart from that, he submitted that the report by District Registrar, who conducted enquiry with regard to the disputing document / Power of Attorney as well as the sale deed which are in force and not set aside the same on the ground of fraud.

3. Notice was refused by the 1st and 2nd respondents.

4. On being satisfied with the averments stated in the affidavit filed in support of the petition and the submissions made by the learned counsel for the petitioner, the delay of 531 days in filing Review petitions S.R.Nos.120573 of 2023 & 120574 of 2023 is condoned. 2\4

5. Interim order already granted by this Court on 15.09.2023 is extended till 27.09.2023.

6.List the Review Applications after numbering the same, if they are otherwise in order, on 27.09.2023.

25.09.2023 rri 3\4

T.V.THAMILSELVI, J.

rri in Rev.Appl.SR.Nos.120573 & 120574 of 2023 25.09.2023 4\4