Ponnusamy v. Jayamani
Case brief
What is this about?
The High Court dismissed a Civil Revision Petition filed by defendants challenging an interlocutory order allowing the plaintif to restore a partition suit after a delay of 2160 days, holding the lower court's decision not to be erroneous.
What did the court decide?
Civil Revision Petition dismissed; suit directed to be disposed within three months.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2018
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(NPD)No.652 of 2015
& M.P.No.1 of 2015
1.Ponnusamy
2.Palaniammal
3.Santhi .. Petitioners
Vs.
1.Jayamani
2.Sundaram
(R2 was set exparte before the Trial
Court and hence notice to R2 is not
necessary in this CRP) .. Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 13.10.2014 made in I.A.No.1201 of 2013 in O.S.No.594 of 2005 on the file of the Additional District Munsif Court, Tiruchengode.
For Petitioners : Mr.N.Manokaran For R1 : No Appearance
For R2 : Exparte
2
Issues for consideration
2 issues framed by the court
Whether the High Court ought to interfere with the order allowing condonation of delay in restoring a suit for partition.
Whether the impugned order is devoid of merits and warrants dismissal of the revision petition.
Parties & counsel
- petitioner
Ponnusamy
- petitioner
Palaniammal
- petitioner
Santhi
- respondent
Jayamani
- respondent
Sundaram
Case details
As recorded by the court registry
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