Madras High CourtCMP(MD)/13908/2023dismissed

Mohan v. Dinakaran

2024-01-24Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN CMP(MD)NO.13908 OF 2023 and REV.APLC(MD)SR.NO.73817 OF 2023 1.Mohan 2.Manoharan 3.Mathavan 4.Mahendran .. Petitioners vs 1.Dinakaran 2.V.K.Valasekar 3.V.K.Ramesh 4.V.K.Mathiprakasam 5.Prince Jebaraj 6.Devadoss .. Respondents Prayer in CMP (MD)No.13908 of 2023 :

This petition filed under Section 5 of the Limitation Act, praying to condone the delay of 108 days in filing the above review petition against the Civil Revision Petition in CRP(MD)No.901 of 2023 dated 13.04.2023.

Prayer in REV.APLC(MD)SR.No.73817 of 2023:

This application filed under Order 41 Rule 1 r/w Section 114 of C.P.C. praying to review the order dated 13.04.2023 in CRP(MD)No.901 of 2023.

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For Petitioner : M/s.G.Prabhu Rajadurai

ORDER

This petition has been filed to condone the delay of 108 days in filing the application to review the order passed by this Court on 13.04.2023.

2. I have perused the order passed by this Court. It does not call for review as there is no error apparent on the face on record. The remedy available to the petitioners as the defendants in the suit filed by the respondents is available under Order 39 Rule 2(a) of C.P.C. Consequently, this Civil Miscellaneous Petition to condone the delay of 108 days is dismissed. Consequently. Review Application in REV.APLC(MD)SR.NO.73817 OF 2023 is also dismissed in SR stage while preserving the rights of the petitioner to work out remedy as per the order passed by this Court. No costs. 24.01.2024 Index : Yes/No kkd 2/3

C.SARAVANAN, J.

kkd CMP(MD)NO.13908 OF 2023 and REV.APLC(MD)SR.NO.73817 OF 2023 24.01.2024 3/3