Petitioner sought condonation of 242 days delay in filing civil revision petition, attributing it to health issues post-paralytic attack. Court found reasons sufficient and allowed petition on payment of costs.
Petition allowed on payment of Rs. 2,500 to Chief Justice Relief Fund within four weeks.
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.
CMP(MD) No.1272 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Twenty Fourth day of April Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice C.SARAVANAN
CMP(MD) No.1272 of 2023 in CRP(MD)SR.NO.6505 of 2023
ALLOYCIUS MARIA NAVAMANI ... PETITIONER/PETITIONER
Vs
1 SUNIL KUMAR
2 ANTHONY PRIESTUS PRATHEEB RAJA, ... RESPONDENT/RESPONDENT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 242 days in filing the above civil revision petition against the order made in I.A.No. 1 of 2020 in O.S.No. 9 of 2013 dated 04-12-2021 on the file of the II Additional Sub Court, Nagercoil pending disposal of the civil revision petition.
PRAYER IN CRP(MD)SR.NO.6505 of 2023:
To set aside the fair and decreetal order dated 04.12.2021 passed in I.A.No.1 of 2020 in O.S.NO. 9 of 2013 on the file of the Learned Iind Additional Sub Court, Nagercoil by allowing this revision petition.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C. EZHILARASU, Advocate for the petitioner and of MR.S.RAJASEKAR, Advocate on behalf of the 1st Respondent and of MR.MURUGANANTHAN, Advocate for the 2nd Respondent, the court made the following order:-
The above Civil Miscellaneous Petition has been filed to condone the delay of 242 days against the order passed in I.A.No.1 of 2020 in O.S.No.9 of 2013, dated 04.12.2021 on the file of the II Additional Sub Court, Nagercoil.
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CMP(MD) No.1272 of 2023
treatment from 02.01.2017 after the order passed by the Trial Court, the petitioner could not file the civil revision petition in time.
sd/-
24/04/2023
/ TRUE COPY /
/05/2023
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SN
TO
THE II ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL.
COPY TO
1 THE SECTION OFFICER, (CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, MADRAS HIGH COURT, MADRAS.
2 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.1272 of 2023 in CRP(MD)SR.NO.6505 of 2023 Date :24/04/2023
https://www.mhc.tn.gov.in/judis PKP/MMS/SAR-1/05.05.2023/ 2P/5C
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1 issue framed by the court
Whether the delay of 242 days in filing the civil revision petition is condonable due to the petitioner's illness and paralysis treatment.
1 provisions across 1 enactments
Alloycius Maria Navamani
Sunil Kumar
Anthony Priestus Pratheeb Raja
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
