S.C.Thankeshwari v. C.Kumaresan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR S.C.Thankeshwari ... Petitioner Vs 1.C.Kumaresan 2.Kasthuri ... Respondents PRAYER :-Civil Revision Petition filed under Section 115 of Code of Civil Procedure, to set aside the order dated 25.07.2025 passed in I.A.No.3 of 2025 in O.S.No.248 of 2018 on the file of the learned Subordinate Judge, Eraniel. For Petitioner : Mr.S.Rajasekar for M/s.Roy and Roy Associates For Respondents : Mr.C.R.Nimal

ORDER

This civil revision petition has been filed to set aside the order dated 25.07.2025 passed in I.A.No.3 of 2025 in O.S.No.248 of 2018 on the file of the learned Subordinate Judge, Eraniel.

2.Heard the learned counsel appearing for the petitioner as well as the learned counsel for the respondents.

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3.This interlocutory application has been filed by the plaintiff to condone the delay of 81 days in representing the restoration I.A, which was returned on 03.11.2023 under Section 5 of the Limitation Act. The same was dismissed by the trial Court on the ground that the petitioner has not mentioned any reason for the said delay. Against which, this revision has been filed. 4.The learned counsel for the respondents submitted that the petitioner has not explained each and every day delay with acceptable documentary proof. Hence, he prays for the dismissal of the petition. 5.Perusal of records shows that the petitioner has not explained each and every day delay with acceptable documentary evidence. Hence, this Court is not inclined to allow this petition.

6.Accordingly, this civil revision petition is dismissed. No costs. Speaking : Yes / No 19.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No TM 2/4

To 1.The Subordinate Judge, Eraniel.

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

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N.SENTHILKUMAR, J.

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