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2005 Supreme(Mad) 1240

R.BANUMATHI
S. Mohan – Appellant
Versus
Cruz Mary & Another – Respondent


Advocates Appeared:For the Petitioner:A. Sirajudeen, Advocate. For the Respondents: No appearance.

Judgment :-

This Civil Revision Petition is directed against the order dated 10.09.2001 passed by IV Assistant Judge, City Civil Court, Chennai in I.A.No.17056 of 2000 in O.S.No.8894 of 1994, dismissing the Petition filed under Section 5 of the Limitation Act, declining to condone the delay of 547 days in filing the Application to restore the Suit in O.S.No.8894 of 1994. The Plaintiff is the Revision Petitioner.

2. O.S.No.8894 of 1994:- The Suit Property relates to Plot No.51, Adisesha Nagar, Third Street, Main Road, Perambur, Madras – 600 012 measuring 1500 Sq.Ft., in R.S.No.321. The Suit Property belonged to Perambur Harijan Welfare Co-operative House Site Society. The Society is a registered Society and its Members are Harijans. The object of the Society is to uplift the Harijan Members. The Suit Site was allotted to one Pappammal – Grandmother of the Plaintiff. The said Pappammal had put up a super structure in the Suit Property, which bears Door No.4. The Suit Property consists of two portions, which is in the occupation of the First Defendant and another in the occupation of the Plaintiff and yet another portion in the occupation of D-2 and a thatched hut in the vacant site. P




















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