Madras High CourtCRP(MD)/346/2026dismissed

Parvathiammal v. Sankarraj

2026-02-10Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.R.P(MD). No.346 of 2026

1. Parvathiammal

2. Shanmugathai ... Petitioners Vs 1.Sankarraj

2. Priya

3. Saravana Raja

4. Dhilip Kumar

5. Jeyakumar

6. Jeyasankar 7.V.P. Holdings, through its Purchase Executive Rabin Xeroge ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 09.12.2025 made in I.A.No. 2 of 2024 in O.S.No.335 of 2015 on the file of Principal District Munsif Court, Thoothukudi. 1/4

For Petitioner : Mr.Sivathilakar

ORDER

This Civil Revision Petition has been filed challenging the order dated 09.12.2025 passed in I.A. No.2 of 2024 in O.S.No.335 of 2015 on the file of the learned Principal District Munsif Court, Thoothukudi, whereby the application filed seeking condonation of delay of 1933 days in filing the petition to restore the suit, which was dismissed for default on 23.04.2018, came to be dismissed.

2. The trial Court dismissed the delay condonation application on the ground that, except the oral evidence of P.W.1, no documentary evidence was produced to substantiate the claim that the first petitioner was suffering from various ailments, including psychological issues. The trial Court further found that there was no material to show that the petitioner had filed the delay condonation application and restoration petition on 28.08.2018 and that the same were returned for compliance of defects. No entry regarding the receipt of such petitions was found in the relevant Civil Register (Register No.19). Accordingly, the trial Court 2/4

concluded that the petitioners had failed to show sufficient cause for condoning the inordinate delay of nearly 51⁄2 years.

3. This Court finds that no documentary evidence has been produced to substantiate the reasons assigned for the delay. In view of the inordinate delay and the absence of sufficient cause, this Court is not inclined to interfere with the well-reasoned order passed by the trial Court.

4. Accordingly, this Civil Revision Petition is dismissed as devoid of merits. No costs.

Speaking : Yes / No 10.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu 3/4

N.SENTHILKUMAR, J.

Indu C.R.P(MD). No.346 of 2026 10.02.2026 4/4