CRP/3855/2023 of Andiyappan (Deceased) 1. A.Gunasekaran Vs Kolanthaiammal on 13 October 2026

ORDER

The Civil Revision Petition is filed challenging the order passed by the trial Court allowing the application filed by the first respondent seeking to condone the delay of 1272 days in filing a petition to restore the suit which was dismissed for default.

2. The first respondent herein filed a suit seeking a declaration of title, a permanent injunction and a mandatory injunction. The said suit was dismissed for default on 11.09.2017. Hence, the petitioner therein filed an application to restore the suit along with a petition to condone the delay of 1272 days. The trial Court by impugned order allowed the condone delay petition on condition that the petitioner therein makes a payment of Rs.2500/- to the respondents therein as costs. Aggrieved by the said order, the respondents therein has come up with this revision.

3. The learned counsel appearing for the petitioners would submit that the first respondent / plaintiff has not given any valid reason for condoning the lengthy delay of 1272 days. The vague reasons contained in the affidavit of the first respondent cannot form a basis for condoning the delay.

CRP No. 3855 of 2023

4. In the affidavit filed in support of the condone delay petition it was stated by the first respondent that he engaged a counsel to defend his case and he informed him that the progress of case would be intimated to him regularly. It is further stated that the first respondent was engaged in stone crushing job and in connection with his job he went out of his native place. Since, he was not available in the native, there was communication gap and he failed to appear before the Court. The first respondent further stated in the affidavit that after sometime he enquired about the status of the case with his counsel and then came to know about the dismissal of the suit.

5. The trial Court taking into consideration the reasons assigned in the affidavit filed by the first respondent exercised the discretion and condoned the delay by imposing costs. Since the first respondent filed a suit for declaration of title and permanent injunction and the suit was dismissed for default, the first respondent is not going to gain anything from the delay. It is asserted by the first respondent at the relevant point of time he was out of his native place and hence could not appear before the Court. Taking into consideration the nature of the relief sought for in the suit and the reasons assigned in the affidavit filed in support of the condonation of delay petition, this Court feels that this is a fit case for the trial Court to take a liberal approach, exercise the discretion in favour of the first respondent and condone the delay.

CRP No. 3855 of 2023

6. In such circumstances, the petitioner has not made out any case to interfere with the discretion exercised by the trial Court. However, considering the totality of the circumstances, this Court feels that the first respondent shall be directed to pay an enhanced amount as costs to the petitioners herein. It is seen from the impugned order that the trial Court imposed a costs of Rs.2500/- and it is stated that the said amount is already deposited before the trial Court. Hence, the first respondent is directed to deposit a further sum of Rs.2500/- to the credit of O.S.No.116 of 2011 towards further costs to the petitioners. The enhanced amount shall be paid by the first respondent within two weeks from the date of receipt of a copy of this order, failing which the benefit of impugned order will not be available to the first respondent and interlocutory application in I.A.No.1 of 2021 for condonation of delay will stand automatically dismissed. In case further costs as ordered by this Court is deposited within time, the trial Court is directed to consider the petition to restore the suit and pass orders on its own merits.

7. With these directions, this Civil Revision petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP

CRP No. 3855 of 2023

To

1. The District Collector S/o.Andiayappan, res at Manthaithoppur, Ramireddipatty Village and Post, Omalur Taluk, salem District

2. The RDO Mettur Dam, Salem District

3. The Thasildar Omalur Tk, Salem Dist.

4. The Village Administrative Officer Ramireddipatty Village Post, Omalur Tk, Salem Dist.

5. The District Munsif, Omalur, Salem District.

CRP No. 3855 of 2023

S.SOUNTHAR, J. EP CRP No. 3855 of 2023 C.M.P.No.23824 of 2023 13-10-2026