The High Court dismissed the civil revision petition. The lower court had correctly rejected the petitioners' request to condone a 1121-day delay in filing a petition to set aside an ex parte decree, noting insufficient explanation.
The civil revision petition is dismissed. No order as to costs.
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C.R.P.(P.D).No.4203 of 2018
CRP.PD.No.4203 of 2018
G.K.ILANTHIRAIYAN, J.
Today, this matter has been posted under the caption “for being mentioned” at the instance of the learned counsel for the petitioners.
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C.R.P.(P.D).No.4203 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.4203 of 2018
1.Jayalakshmi
2.Ethiraj
3.Vanitha
4.Sundara ... Petitioners
Vs
1.Kasiammal
2.Jayavel
3.Vasantha ... Respondents
Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order and decretal order in IA.No.349 of 2018 in OS.No.140 of 2013 on the file of the Additional District Munsif Court at Thiruppathur dated 08.10.2018
For Petitioners : Mr.S.Arokia Maniraj For Respondents For R2 & 3 : Mr.M.A.R.Pragash R1 : No appearance ORDER
This Civil Revision Petition is filed against the order and decretal
order in IA.No.349 of 2018 in OS.No.140 of 2013 on the file of the 2/5
C.R.P.(P.D).No.4203 of 2018
Additional District Munsif Court at Thiruppathur dated 08.10.2018, thereby dismissing the petition to condone the delay in filing the petition to set aside the exparte decree.
by the respondents for declaration and permanent injunction. On receipt of
summons, the petitioners failed to appear before the court below and as such
they were set exparte. The petitioners filed petition to set aside the exparte
decree with delay of 1121 days. On perusal of the affidavit filed in support
of the petition, they did not even whisper about their knowledge about the exparte decree and also did not state any sufficient cause for the huge delay of 1121 days. They simply mentioned that they went to Karnataka for avocation. Therefore, the court below rightly dismissed the petition and this
Court finds no infirmity or illegality in the order passed by the court below.
order as to costs.
lok Index:Yes/No Internet:Yes/No Speaking Order: Yes/No
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C.R.P.(P.D).No.4203 of 2018
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C.R.P.(P.D).No.4203 of 2018
G.K.ILANTHIRAIYAN,J.
lok
To
The Additional District Munsif at Thiruppathur
C.R.P.(PD) No.4203 of 2018
02.07.2021
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1 issue framed by the court
Whether there was any infirmity or illegality in the lower court's dismissal of the petition to condone a delay of 1121 days in filing an ex parte decree set-aside petition.
Jayalakshmi
Ethiraj
Vanitha
Sundara
Kasiammal
Jayavel
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
