This Bench dismissed three consnonation petitions on limitation regarding three review applications. The Court found the delay was not sufficient and the reviewing party's conduct in filing a new case at the original forum after a transfer order was vindictive.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eighteenth day of March Two Thousand Twenty One PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD). No.1257 to 1259 of 2020 in Rev.Aplc(MD) SR.Nos.89205 to 89207 of 2019
Balasankary ... Petitioner/ Respondent in all CMPs Vs S.Kandesh Kumar ... Respondent/Petitioner in all CMPs
Petitions filed under section 5 of the Limitation Act to condone the delay of 35 days in filing review petition Review.SR.No.89205/2019 in Tr.C.M.P.(MD).No. 229 of 2019, Review.SR.No.89206/2019 in Tr.C.M.P.(MD).No. 230 of 2019 and Review.SR.No.89207/2019 in Tr.C.M.P.(MD).No. 231 of 2019 respectively and thus render justice.
Prayer in Review SR.No.89205, 89206, and 89207 of 2019:-
Review Petitions filed under section 114 and Order XL VII Rule of C.P.C. to allow review applications and set aside this Hon'ble Court order dated 16.10.2019 made in Tr.CMP(MD) Nos.229, 230 and 231 of 2019.
Prayer in Tr.CMP(MD) Nos.229 to 231 of 2019:-
Petitions filed under section 24 of the Code of Civil Procedure to withdraw and transfer the GWOP.No.2 of 2018 and HMOP Nos.34 and 263 of 2018 pending on the file of the Family Court, Madurai to the Principal District Court, Srivilliputtur.
ORDER
This Petition coming on for hearing on this day, upon perusing the petition and affidavit & Material Papers of this petition and upon hearing the arguments of Mr.R.Karunanidhi, advocate for the petitioner. This Court made the following order:
By order dated 16.10.2019, made in Tr.C.M.P.(MD)Nos.229, 230 and 231 of 2019, this Court, taking note of the fact that the husband is a resident of Qatar, had transferred the cases that were pending before the Family Court, Madurai, to the Principal District Judge, Srivilliputhur.
orders of this Court made in Tr.C.M.P.(MD)Nos.229, 230 and 231 of 2019 and had filed C.M.Ps. 1257, 1258 and 1259 of 2020, seeking condonation of delay of 35 days in filing the review applications.
Sd/-
Assistant Registrar ()
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
TO
1.The Judge,Family Court, Madurai.
2.The Principal District Court, Srivilliputhur.
+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-12288[F] dated 18/03/2021 )
CMP(MD). No.1257 to 1259 of 2020 in
Rev.Aplc(MD) SR.Nos.89205 to 89207 of 2019
KB(08.04.2021) 2P 4C
3 issues framed by the court
Whether the 35-day delay in filing review petitions before this Court warrants condonation of limitation.
Whether the stance taken by this Court in prior proceedings to transfer jurisdiction should be revisited by a review application.
Whether the act of filing a new case before the transferred court was vindictive.
Balasankary
S.Kandesh Kumar
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
