Madras High CourtCRP(MD)/51/2026allowed

Rani v. Saraswathi (Died), Masanaraja Kumaran

2026-02-25Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/02/2026

CORAM

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR CRP(MD). No.51 of 2026 and CMP(MD).No.234 of 2026 Rani ... Petitioner Vs Saraswathi (died) Masanarajakumaran ... Respondent PRAYER :- Civil Revision Petition filed under Section 115 CPC against the fair and decreetal order passed in I.A.No.4 of 2023 in O.S.No.28 of 2014 dated 09.09.2024 on the file of the Sub Court, Valliyoor. For Petitioner : Mr.S.Micheal Heldon Kumar For respondent : Mr.Kannan for Mr.S.R. Anbarasu

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order passed in I.A. No. 4 of 2023 in O.S. No. 28 of 2014 dated 1/4

09.09.2024 on the file of the Sub Court, Valliyoor.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The present Civil Revision Petition challenges the dismissal of the application seeking condonation of delay of 185 days.

4. It is noted that the trial Court dismissed the application, taking into consideration the prevailing circumstances at the relevant point of time, specifically the COVID-19 pandemic, during which online applications were permitted.

5. The learned counsel appearing for the revision petitioner submitted that the online procedures were primarily limited to criminal matters, such as bail and anticipatory bail applications, and did not available to civil matters. He further contended that, considering the urgency of the matter and the risk of arrest, which affects the 2/4

fundamental right to personal liberty and hence, the online facility should have been deemed applicable.

6. The trial Court, however, did not take these factors into consideration while passing the impugned order.

7. In view of the above, the order passed by the trial Court dated 09.09.2024 made in I.A. No. 4 of 2023 in O.S. No. 28 of 2014 on the file of the Sub Court, Valliyoor is hereby set aside and accordingly, this Civil Revision Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

25.02.2026 TRP Index : yes/ no Internet : yes / no TO The Sub Court, Valliyoor.

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N. SENTHILKUMAR,J TRP CRP(MD). No.51 of 2026 and CMP(MD).No.234 of 2026 Date : 25/02/2026 4/4