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Madras High CourtCMP(MD)/6871/2019ordered

P.Govindan (Died) v. M.R.Muthaiya

2026-03-16Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and CRP(MD).SR.No.21664 of 2019 1.P.Govindan (Died) 2.M.Amutha

...Petitioners

Vs.

M.R.Muthaiya

...Respondent

PRAYER: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to pass an order to condone the delay of 905 days in preferring the above Civil Revision Petition before this Honourable Court as against the Fair and Decreetal order dated 02.09.2016 passed by the learned III Additional District Munsif, Tiruchirapalli in I.A.No.338 of 2015 in O.S.No.422 of 2011 by the petitioners forthwith.

For Petitioners : Mr.J.Sankara Pandian For Respondent : M/s.Shiva Shree for Mr.J.Barathan 1/4

ORDER

It is represented that, the first Civil Revision Petitioner Mr.P.Govindan, is no more and the 2nd Revision Petitioner, Mrs.M.Amutha is the daughter of the first Revision Petitioner. As the legal representative is already on record, there is no necessity for filing a separate petition to bring on record the other legal representatives, as the estate is substantially represented.

2. The same is recorded. Registry is directed to carry out necessary amendment.

3. The reason for filing the revision with delay is the fact that, on account of the death of the first revision petitioner, the second revision petitioner was entirely at sea and as she is a lady with no other relatives, to take care of the proceedings. This Court find sufficient cause, despite the strong opposition of M/s.Shivashree.

4. This Court is inclined to condone the delay of 905 days in preferring the Revision.

5. The delay is condoned.

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6. Registry is directed to number the above Civil Revision Case and list it for admission. At the time of listing, the name of Mr.J.Barathan and M/s.Shivashree to be printed as representing Counsel for the respondent.

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V.LAKSHMINARAYANAN , J.

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