Madras High CourtCMP(MD)/6698/2016dismissed

Uppathammal v. Kumarasamy Reddiar,

2016-07-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.6698 of 2016 IN CRP(MD) No.SR7231 of 2004 UPPATHAMMAL ... PETITIONER/PETITIONER IN CRP(MD)SR.NO.7231/2004 SOUGHT TO BE PRESENTED BEFORE THIS COURT Vs KUMARASAMY REDDIAR .... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 4203 days in representing the C.R.P.S.R.No.7231/2004.

Prayer in CRP(MD) No.SR7231 of 2004:

Civil Revision Petition against the Fair and Decreetal order dated 12.01.2004 made in E.A.No.3/1996 in E.P.No.6/1996 in O.S.No.259/1988 on the file of the District Munsif cum Judicial Magistrate Court, Nanguneri.

ORDER : This petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof the Petitioner not appearing in person or by an Advocate, the Court made the following order:- This application is filed seeking to condone the delay of 4203 days in re-presenting the revision papers in C.R.P.No.Sr.7231 of 2004.

2. In the affidavit filed in support of the petition, it has been averred that the revision papers were returned by the Registry of this Court on 02.07.2007 for certain compliance. Thereafter, the bundle was mixed with some other bundles and it could be traced out only in the month of July 2014. The previous counsel handed over the https://hcservices.ecourts.gov.in/hcservices/ bundle to the petitioner and has given change of Vakalath.

Subsequently, the bundle has been handed over to the present counsel and it was re-presented on 25.07.2014.

3. The petitioner has made only bald and vague allegations and she has not shown sufficient cause to condone enormous delay of 4203 days in re-presenting the revision papers.

4. In such view of the matter, this petition is dismissed. Consequently, C.R.P.No.SR.7231 of 2004 is rejected. Sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANGUNERI.

ORDER Date :14/07/2016

ORDER

CMP(MD) No.6698 of 2016 IN CRP(MD) No.SR7231 of 2004 DISMISSING THE PETITION FOR CONDONE DELAY OF 4203 DAYS ETC., AS STATED WITHIN RL/2C/KBM/27/7/2016 https://hcservices.ecourts.gov.in/hcservices/