M/S.Sri Suktam Wood Tech (P) v. Murugan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(NPD)(MD)No.758 of 2015 and M.P.(MD)No.1 of 2015 1.M/s.Sri Suktam Wood Tech (P) Ltd., Through its Managing Director, Having Office at Ilanji-Vallam road, Vanchi Nagar, Ilanji Village, Tenkasi Taluk.

2.Sheeba 3.Lilli Florence : Petitioners Vs.

1.Murugan 2.Udayammal 3.Selvi 4.Mallika 5.Chitra 6.Balalakshmi 7.Kutti @ Isakki 8.Ayyappan 9.Chandran [Respondents 2 to 8 represented through their power agent the first respondent] : Respondents Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair and decretal order dated 17 March, 2015, passed in I.A.No.32 of 2014 in unnumbered A.S.No.... of 2014, on the file of Principal Sub Court, Tenkasi.

For Petitioners : Mr.V.Meenakshi Sundaram For Respondents : Mr.Adhithyavijayalayan For Mr.D.Venkatesh https://hcservices.ecourts.gov.in/hcservices/

ORDER

****** Respondents 1 to 8 filed a suit in O.S.No.112 of 2010 against the petitioners. The suit was dismissed by the Trial Court. Respondents 1 to 8 filed first appeal before the Principal Sub Court, Tenkasi, along with an application to condone the delay of 463 days. The learned Appellate Judge allowed the application, subject to payment of cost of Rs.1,000/-. The order dated 17 March, 2015 is challenged in this Civil Revision Petition.

2. Heard the learned counsel for respective parties.

3. Respondents 1 to 8 filed an application through a power agent in I.A.No.32 of 2014, to condone the delay in preferring the appeal. The learned Appellate Judge considered the reasons given by respondents 1 to 8 and allowed the application. The learned Appellate Judge exercised her discretion in the manner known to law. I, therefore, do not find any error or illegality in the said order warranting interference by this Court.

4. In the result, the Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To The Principal Subordinate Judge, Tenkasi.

+One cc to Mr.D.Nallathambi, Advocate, SR.No.23991 +One cc to Mr.D.Venkatesh, Advocate, SR.No.23714 SML RL/4c - 19/5/2015 Order made in C.R.P.(NPD)(MD)No.758 of 2015 Dated:- 29.04.2015 https://hcservices.ecourts.gov.in/hcservices/