Gurunathan v. Krishnaveni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.SESHASAYEE in REV.APLC(MD) No.SR40387 of 2022 GURUNATHAN ... PETITIONER/PETITIONER Vs 1 KRISHNAVENI 2 RAMALINGAM (DIED) ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1194 days in filing the above review petition against S.A.No.2054 of 2001 dated 22-03-2017.

Prayer in REV.APLC(MD) No.SR40387 of 2022 :

To pass an order reviewing the order passed in S.A.No.2054 of 2001 dated 22.03.2017 on the file of this Hon'ble Court. Prayer in SA.2054/2001 :

Second Appeal filed under Section 100 of C.P.C against the judgment and decree made by the Subordinate Judge, Kumbakonam, in A.S.No.133 of 2000, dated 29.06.2001, reversing the judgment and decree of the District Munsif, Valangaiman, Kumbakonam, in O.S.No.540 of 1996, dated 07.04.2000. 1/3

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.GNANASEKARAN, Advocate for the petitioner and of MR.V.CHANDRASEKAR, Advocate on behalf of the 1st Respondent, the court made the following order:- This petition is filed to condone the delay of 1194 days in filing Rev.Aplc(MD) SR No.40387 of 2022 for reviewing a decree passed in S.A.No.2054 of 2001.

2. Learned counsel for the petitioner/respondent submits that the name of the petitioner's counsel was wrongly given in the cause list and hence, he did not have an occasion to appear and he was not aware who had actually appeared in the case.

3. If this is true, then it is a case where the petitioner may have to file a petition for re-calling the decree. Now, he is at liberty to file appropriate petition for recalling the decree and this petition is closed. sd/- 26/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ABR TO 1 THE SUBORDINATE JUDGE, KUMBAKONAM.

2 THE DISTRICT MUNSIF, VALANGAIMAN, KUMBAKONAM. +1. C.C. to M/S.V.CHANDRASEKAR, Advocate SR.No.23544[F] Dated 30/04/2024 2/3

ORDER

IN in REV.APLC(MD) No.SR40387 of 2022 Date :26/04/2024 RS/GS/SAR-(08.05.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3