Madras High CourtCRP(MD)/741/2020allowed

Pichaimuthu, v. Maruthamuthu Pillai

2020-11-23Honourable Mr Justice N. Seshasayee2 pages

C.R.P(MD)No.741 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.R.P(MD)No.741 of 2020 1.Pichumuthu 2.Manikandan 3.Meenatchi Sundaram ... Petitioners/Petitioners/Appellants -Vs1.Maruthamuthu Pillai 2.Ponram Pillai 3.Venkatachalam Pillai 4.Mariappa Pillai 5.Thannasi Durai Pillai .. Respondents/Respondents/ Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order made in I.A.No.139 of 2019 in C.M.A No.... of 2019 on the file of the Principal District Court, Dindigul dated 26.06.2020. For Petitioners : Mr. Venkatesh For R1 to R5 : Mr.V.Janakiramulu

O R D E R

The present petition is filed challenging an order dismissing application filed by the revision petitioners for condoning the delay of 95 days in preferring the Civil Miscellaneous Appeal against an order of appointing a receiver by the trial court in I.A.No.170 of 2013.

2.Heard both sides.

3.The learned counsel for the petitioners submits that the second revision petitioner, has undertaken the responsibility for preferring the appeal, but was inconvenienced since his father in law was bed ridden. In this process, there was a delay of 95 days. The learned counsel for the petitioner submits that once the Civil Miscellaneous Appeal is numbered, the revision petitioner would co-operate for its final disposal. Since the respondents are also represented before the Principal District Court, Dindigul, there may not be any loss of time in proceeding with the main appeal itself.

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C.R.P(MD)No.741 of 2020

4. This Court, on hearing both sides and after perusing the record, is satisfied with the reasons enough to condone the delay of 95 days in preferring the Civil Miscellaneous Appeal. Accordingly, the delay is condoned.

5. The Principal District Court, Dindigul, is required to number the Civil Miscellaneous Appeal forthwith and is directed to dispose of the same on or before 31.01.2021.

6. In fine, this present Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Cm/Ta To:

The Principal District Judge, Dindigul.

C.R.P(MD)No.741 of 2020 23.11.2020 NS(CO) KM (01.12.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2