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Madras High CourtCRP(MD)/227/2025allowed

Deivakani (Died) 1. Sudalai Olivu v. Nadarajan

2025-01-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Deivakani (Died) 1.Sudalai Olivu 2.Mariselvi 3.Thangammal 4.Ramar 5.Dharmaraj 6.Paramasivan 7.Murugan ... Petitioners/Petitioners 2 to 8/Appellants 2 to 8 Vs.

1.Nadarajan 2.Kameganathan ... Respondents/Respondents/Respondents PRAYER : Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to call for the records relating to fair and decreetal order passed by the learned Principal District Judge, Tirunelveli, in I.A.No.1 of 2023 in A.S.SR.No.21918 of 2023, dated 10.01.2024 and set aside the same.

For Petitioner : Mr.R.Mathava Selvam For Respondents : Mr.P.Suresh for R1 & R2 1/4

ORDER

This civil revision petition has been filed to set aside the fair and decreetal order passed by the learned Principal District Judge, Tirunelveli, in I.A.No.1 of 2023 in A.S.SR.No.21918 of 2023, dated 10.01.2024.

2.The above said interlocutory application was allowed on payment of cost of Rs.2,000/- to be paid on or before a particular day namely 02.02.2024. That was not complied by the revision petitioner within the time. So the petition came to be dismissed by the appellate Court. Against which, this revision has been filed. Since only the default committed by the revision petitioner, the respondent also ready to receive the cost.

3.In view of the same, this Court orally directs the petitioner to pay a cost of Rs.3,000/- to the respondent, forthwith. The amount is also paid by the petitioner and received by the respondent today itself. 2/4

4.Recording the same, this civil revision petition stands allowed. The dismissal order passed in I.A.No.1 of 2023 is hereby set aside and the delay caused in preferring the appeal before the appellate Court is condoned. No costs.

30.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal District Judge, Tirunelveli.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 30.01.2025 4/4