Madras High CourtWP(MD)/170/2015disposed of

S.Pechimuthu, v. The Assistant Executive

2015-01-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY REV.APLC(MD)NO.170 OF 2015 1.S.George 2.S.Pentalian 3.S.Lameck Marry :Applicants/Petitioners/Appellants .vs.

A.George : Respondent/Respondent/Respondent PRAYER: Review Application filed under Section 114 r/w Order 47 Rule 1 of Civil Procedure Code, praying this Court to review the order made in M.P(MD)No.2 of 2015 in S.A(MD)SR.No.4012 of 2015, dated 19.8.2015, on the file of this Court.

Prayer in M.P(MD).No. 2 of 2015 in SA(MD).No. SR.No. 4012 of 2015: The petition is filed under order XLIII Rule 5A R/w Order XLII Rule 1 of CPC r/w U/S. 5 of Limitation Act to condone the delay of 2779 days modifying the Second Appeal against the Judgment and decree dated 20.03.2007 made in AS.no.44/2006 on the file of the Sub Judge, Pattikkottai.

For Petitioner :Ms.Nikitha for M/s.N.Krishnaveni For Respondents :Mr.V.Ramamorthy

O R D E R

The Petitioners in M.P(MD)No.2 of 2015 in S.A(MD)SR.No.4012 of 2015, dated 19.8.2015, have filed the above Review Application, to review the order passed in the said petition on 19.8.2015. 2.The review applicants filed M.P(MD)No.2 of 2015 to condone the delay of 2779 days in filing the above Second Appeal. Not satisfied with the reasons stated in the affidavit filed in support of the Petition, this Court dismissed the said Petition. It is pertinent to note that the Petitioners have contended that the respondent agreed to settle the matter and thereafter kept quiet fill 2014. Hence, there is an inordinate delay of 2779 days in https://hcservices.ecourts.gov.in/hcservices/ 1/2

filing the above second appeal. Since the Petitioners have not given sufficient reasons for condoning the inordinate delay of 2779 days, this Court is declined to condone the delay. I do not find any error apprarent on the face of the records warranting interference by this Court.

3.Accordingly, the Review Application stands dismissed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1.The Subordinate Judge, pattukkottai, Thanjavur district.

2.The District Munsif, Pattukkottai, Thajavur District.

+1 CC to M/s.P.THIYAGARAJAN, Advocate ( SR-30518[F] dated 28/09/2021 ) REV.APPL(MD)NO.170 OF 2015 27.09.2021 PS(CO) KB(06.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2