Madras High CourtCRP(MD)/1643/2024dismissed

Arockiadoss Alias Mani v. A.Devadoss

2024-07-25Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 25.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.1643 of 2024 1.Arockiadoss @ Mani 2.Jerold Chinnar(Died) 3.Johnson 4.Raja @ Kothanar Raja 5.Royar @ Royappan ... Petitioners/Petitioners/ Defendants Vs.

1.Dr.A.Devadoss 2.Savithiri Devadoss

...Respondents/

Respondents/Plaintiffs Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to call for the records in pertaining to the order dated 15.03.2024 made in I.A.No.1 of 2022 in O.S.No.114 of 2014 on the file of the Principal Sub-Judge, Palani and set aside the same.

For Petitioner :Mr.M.Ganesan

ORDER

The Civil Revision Petition is directed against the order dated 15.03.2024 made in I.A.No.1 of 2022 in O.S.No.114 of 2014 on the file of the Principal Sub-Judge, Palani.

2.The said interlocutory application is filed to condone the delay in filing the application to set aside the ex-parte decree. The ex-Parte decree was passed on 20.04.2016 and the application is now filed to condone the delay of 2245 days. The reasons mentioned in the affidavit is that the counsel failed to inform them of the stage of the case. It is already well settled that it is for the party to contact the counsel and get appraised of the stage of the case. Therefore the reason mentioned in the affidavit filed in support of the application can never be held to be a sufficient reason. 3.This apart, the defendants are the legal heirs of one Manoharan. The suit is filed by tracing title to the said Manoharan and claiming that the said Manoharan sold the property to the plaintiffs. In the written statement, every other fact is admitted, except the fact that the said Manoharan has sold the property. In that background, when the trial Court has considered the huge delay and rejected the petition, this Court does not find any compelling

reason to interfere in the order of the trial Court. Accordingly, the Civil Revision Petition stands dismissed. No costs. 25.07.2024 NCC:Yes/No Ns To The Principal Sub-Judge, Palani.

D.BHARATHA CHAKRAVARTHY, J.

Ns C.R.P(MD)No.1643 of 2024 25.07.2024