Revision against the dismissal of a condonation petition. Court refuses to set aside order but observes trial court can re-verify property features on its own motion or at party request if discrepancies arise with evidence.
Revision disposed of without costs; connected miscellaneous petition closed.
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C.R.P(MD)No.277 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
C.R.P(MD)No.277 of 2024 and C.M.P(MD)No.1288 of 2024 Rajamani ...Petitioner/Petitioner/Defendant
Vs.
Mohammed Kabeer ...Respondent/Respondent/Plaintiff
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records of the learned District Munsif cum Judicial Magistrate, Tiruvidaimaruthur, made in I.A.No. 161 of 2022 in O.S.No.93 of 2019 and set aside the fair and decreetal order dated 06.07.2023.
For Petitioner : Mr.B.Anandan For Respondent : No appearance
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O R D E R
This revision is preferred against the order dated
06.07.2023 passed by the learned District Munsif cum Judicial Magistrate, Tiruvidaimaruthur, in I.A.No.161 of 2022 in O.S.No.93 of 2019.
perused the materials available on record. There is no representation for the respondent.
plaintiff for appointment of an Advocate Commissioner. As per the ex-parte order passed in I.A.No.185 of 2015 on 05.03.2015, a Commissioner was appointed. The Commissioner has visited the property and filed a report. When the trial has about to commence, the petitioner filed impugned petition in I.A.No.161 of 2022 in O.S.No.93 of 2019 for accepting his objection with the delay
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condonation prayer. In the objection, it is stated that without measuring the property, the Commissioner has filed a report and that will not resolve the issue.
petition filed by the petitioner by stating that there is an inordinate delay in filing the same and no documents is filed to condone such a long delay. Against which, this revision is filed.
view that after letting evidence by both parties, if any discrepancy arises there between the evidence and the Commissioner's report, in that event the court can re-issue the Commissioner's warrant to bring on record the correct physical features available in the ground. The said exercise may be undertaken by the court on its own motion or at the instance of any of the parties.
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of. No costs. Consequently, connected miscellaneous petition is closed.
15.03.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No CM
To,
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court,Madurai.
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G. ILANGOVAN, J.
CM
C.R.P(MD)No.277 of 2024 and C.M.P(MD)No.1288 of 2024
15.03.2024
2 issues framed by the court
Whether a Civil Revision Petition filed against the dismissal of an application for condonation of delay was maintainable.
Whether the order should be modified to permit the trial court to re-issue a warrant to verify physical features of the property.
Rajamani
Mohammed Kabeer
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
