Madras High CourtCRP(MD)/1287/2016dismissed

Latchumayee v. Palaniyammal,

2016-07-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2016 CORAM :

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD)No.1287 of 2016 and C.M.P.(MD) No. 6138 of 2016 Latchumayeee ... Petitioner/Respondent/Plaintiff Vs.

1.Palaniayammal 2.Perumal 3.Senthil 4.Suntharam ..Respondents 1 to 4/Petitioners/ Defendants 1 to 4 5.The Assistant Engineer, Tamil Nadu Electricity Board, Palaviduthi Post, Kulithalai Taluk, Karur District.

6.The Executive Engineer, Tamil Nadu Electricity Board, Kulithalai Taluk, Karur District.

7.The Superintendent Engineer, Tamil Nadu Electricty Board, Karur, Karur District.

... Respondents 5 to 7/Respondents/ Defendants 5 to 7 PRAYER: Civil Revision Petition filed under Section 227 of Constitution of India against the order passed in I.A.No.186 of 2014 in O.S.No.41 of 2008 on the file of the learned District Munsif, Kulithalai, dated 23.09.2014 and set aside the same. For Petitioner : Mr.K.Asok Kumar Ram

O R D E R

This revision is directed againt the order dated 23.09.2014 passed by the learned District Munsif, Kulithalai in I.A.No.186 of 1984 in O.S.No.41 of 2008.

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2. The plaintiff filed a suit for declaration of title to 'A' scheduled property, permanent injunction and also for mandatory injunction. The respondents 1 to 4 herein are the defendants 1 to 4 in the said suit. The respondents 1 to 4 filed an application in the suit in I.A.No.186 of 2014 to condone the delay in filing the documents. After contest, the learned District Munsif allowed the application on 23.09.2014.

3. It is seen from the records that the order copy was made ready on 06.01.2015 and it is received by the petitioner on 09.01.2015. However, this revision came to be filed only on 18.12.2015 i.e after lapse of 11 months.

4. It is also seen from the records that the learned District Munsif allowed the application on the condition that the documents should be legible and the documents have to be duly stamped and the admissibility of the documents will be considered at the time of marking the documents. Hence, I do not find perversity or infirmity in the impugned order.

5. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected C.M.P.(MD) No. 6138 of 2016 is also dismissed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS) To, 1.The District Munsif, Kulithalai 2.The Assistant Engineer, Tamil Nadu Electricity Board, Palaviduthi Post, Kulithalai Taluk, Karur District. 3.The Executive Engineer, Tamil Nadu Electricity Board, Kulithalai Taluk, Karur District.

4.The Superintendent Engineer, Tamil Nadu Electricty Board, Karur, Karur District.

CM JM/SK-SKN/20.07.2016/2P-5C C.R.P.(MD)No.1287 of 2016 and C.M.P.(MD) No. 6138 of 2016 13.07.2016 https://hcservices.ecourts.gov.in/hcservices/