Eswari v. Krishnaveni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.01.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.R.P(MD). No.189 of 2026 and C.M.P(MD) No.741 of 2026 Eswari ... Petitioner Vs Krishnaveni ... Respondent PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records and set aside the order dated 13.11.2025 passed in I.A.No.2 of 2025 in O.S.No.422 of 2019 on the file of the Sub Court, Sivagangai and allow this Civil Revision Petition throughout.

For Petitioner : M/s.M.Ashwini for Mr.K.Jeyamohan

ORDER

This Civil Revision Petition has been filed challenging the order dated 13.11.2025 passed in I.A.No.2 of 2025 in O.S.No.422 of 2019 on 1/5

the file of the Sub Court, Sivagangai.

2. M/s.Ashwini, learned counsel appearing for the revision petitioner, submitted that the application filed for condonation of delay was dismissed by the trial Court without affording sufficient opportunity to the revision petitioner. The trial Court dismissed the application on the ground that the relevant period did not fall within the COVID-19 pandemic period and that there was no legal impediment preventing the petitioner from filing the application within the prescribed time.

3. This Court has perused the impugned order and the materials available on record. It is seen that I.A.No.1 of 2022 was dismissed on 26.04.2022. Thereafter, the suit was adjourned on several occasions, namely on 07.07.2022, 28.07.2022, 14.09.2022, 30.09.2022, 15.10.2022, 16.12.2022, 05.01.2023, 28.02.2023, 28.03.2023 and 24.04.2023, and finally, the suit was dismissed and an ex-parte order was passed on 01.06.2023.

4. The trial Court has taken note of the fact that the relevant period did not fall within the COVID-19 pandemic period and that the revision 2/5

petitioner was granted as many as ten opportunities to prosecute the case. However, the revision petitioner neither appeared before the Court nor assigned any valid reason for such non-appearance and failed to cooperate with the proceedings.

5. In such circumstances, the trial Court rightly dismissed the application filed for condonation of delay. This Court does not find any illegality, irregularity or procedural infirmity in the order passed by the trial Court warranting interference.

6. Accordingly, this Civil Revision Petition stands dismissed for want of merits. Consequently, the connected Miscellaneous Petition is closed. No costs.

Speaking : Yes / No 27.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu 3/5

To 1.The Sub Court, Sivagangai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

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