C.Arul Thiagarajan v. L.Ronickam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR CMP.(MD).No.7835/2024 in Rev.Aplc.(MD).SR.No.11888/2024 C.Arul Thiagarajan ... Petitioner Vs.

1.L.Ronickam 2.M.Jayanthi 3.M.Rajasekar 4.M.Inbasekaran ...

Respondents Prayer in CMP (MD).No.7835/2024:- Petition filed under Section 5 of the Limitation Act to condone the delay of 893 days in filing the review application.

Prayer in Rev.Appl.SR (MD).No.11888/2024:- Review application filed under Order 47 Rules 1 and 2 of CPC read with Section 114 of CPC against the order dated 21.08.2019 passed in CRP[NPD].No.2501/2010 on the file of this Court.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.P.Senthil for RR2 to 4 R1-Died R3-No appearance

ORDER

(1)This petition is filed to condone the delay of 893 days in filing the review application.

(2)It is stated that as against the order dated 21.08.2019 passed by this Court in CRP.[NPD].No.2501/2010, a Special Leave Petition was filed by the petitioner herein and the same was also dismissed as withdrawn as the petitioner herein has stated that he would move the High Court for recall of the order which is impugned in the Special Leave Petition. (3)Even in the affidavit filed by the petitioner to condone the delay, the period during which the petitioner prosecuted the SLP has been cited as a reason for the delay. It is seen that the Hon'ble Supreme Court dismissed the SLP vide order dated 28.01.2020. The question is whether the petitioner has reasons or explanations for the inordinate delay thereafter. Except the inability to move freely due to nationwide Covid-19 lock down, the petitioner has not stated any reason for condoning the inordinate delay of 893 days. It is true that for a period of about 8 months, the people were afraid of attending their regular work on account of Covid. However, the problem

due to Covid was over during the first quarter of 2021. Absolutely there is no reason assigned in the affidavit filed in support of the miscellaneous petition explaining the delay after restoration of normalcy. In other words, there is a long delay of nearly 2 years to file the review after the lock down due to Covid-19.

(4)This Court finds no reasonable cause explaining the delay either in the affidavit or by any other material produced before this Court. (5)Hence, for want of merits, this petition stands dismissed. Consequently, the review application is rejected at the SR stage. 30.01.2025 AP Internet : Yes

S.S. SUNDAR, J., AP CMP.(MD).No.7835/2024 in Rev.Aplc.(MD).SR.No.11888/2024 30.01.2025