Madras High CourtCRP(MD)/1471/2016dismissed

R.Paulraj v. Samuel Koilpillai

2018-09-17Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(NPD)(MD).No.1471 of 2016 1.R.Paulraj 2.P.Sekar ... Petitioners Vs.

1.Samuel Koilpillai 2.Immanuvel Koilpillai 3.Jegan Raja ... Respondents PRAYER : Petition filed under Article 227 of Constitution of India, to call for the entire records pertaining to the order dated 08.10.2015 passed in I.A.No.99 of 2015 in unregistered Appeal Suit filed before the learned Principal District Judge, Tirunelveli and set aside the same.

For petitioners : Mr.R.Aravindraj For R1 and R2 : Mr.M.P.Senthil For R3 : No appearance

ORDER

The respondents herein filed O.S.No.121 of 2009 on the file of the Subordinate Court, Vallioor, seeking the relief of declaration and permanent injunction. In the said suit, the revision petiioners entered appearance. The revision petitioners herein entered into an sale agreement with the third defendant. The third defendant alone filed his written statement on 05.07.2010. The suit was decreed on 20.12.2011. It is an elaborate Judgment. Questioning the same, the revision petitioners filed an appeal. But there was a delay of 957 days. To condone the same, I.A.No.99 of 2015 was filed and the same was dismissed. Challenging the dismissal order, this Civil Revision Petition has been filed. 2.The revision petitioners pleaded medical grounds as a cause for the delay. But the Court below by an elaborate order, came to the conclusion that the revision petitioners have not shown any diligence and the reasons given by them are not bonafide. The Court below has come to the conclusion that sufficient cause was not made out.

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3.This Court finds no reason to interfere with the order impugned in this Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed. No costs.

SD ASSISTANT REGISTRAR ( CRL SIDE ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS IV ) pnn To 1.The Principal District Judge, Tirunelveli.

2.The Subordinate Judge, Vallioor.

1CC TO MR. M.P. SENTHIL, ADVOCATE SR 84649 NM PM SAR 4 23 10 2018 2P 4C ORDER MADE IN C.R.P.(NPD)(MD).No.1471 of 2016 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/