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S. M. SUBRAMANIAM
Murugavel – Appellant
Versus
Mel-Bhuvanagiri Ponnusamy Mudaliar Trust rep. by its Managing Trustee P. Natarajan Mudaliar (Died) – Respondent
ORDER :
The civil miscellaneous petition is filed to condone the delay of 579 days in filing the Civil Revision Petition against the fair and decreetal order dated 23.06.2011 passed in E.A.No.177 of 2010 in E.P.No.58 of 2010 in O.S.No.137 of 1979.
2. The petitioner is the judgment debtor and the respondent instituted a Suit in O.S.No.137 of 1979 for recovery of possession mainly on the ground that the petitioner is the trespasser of the trust property. Suit was contested by the parties and judgment and decree in O.S.No.137 of 1979 was passed on 31.10.1984. The judgment and decree became final and the respondent/decree holder filed E.P.No.58 of 2010 on 05.08.2010. During the pendency of the execution proceedings the erstwhile Managing Trustee died and the incumbent Managing Trustee was substituted through E.A.No.177 of 2010 in E.P.No.58 of 2010. Impleadment of the incumbent Managing Trustee was challenged by the petitioner and the said petition was dismissed by the E.P. Court and against the said order the present civil revision petition has been filed with a delay of 579 days.
3. The order in E.A.No.177 of 2010 in E.P.No.58 of 2010 was passed on 23.06.2011. The said order passed by th
Un-condonable delay in filing a Civil Revision Petition challenging an execution order cannot be condoned without acceptable reasons substantiated with relevant records.
Genuine reasons for condonation of delay are crucial, and lack of documentary evidence for health and financial issues may lead to dismissal of the petition.
The main legal point established in the judgment is that a revision cannot be entertained under Section 115 of the Code of Civil Procedure, 1908 against an order passed in a proceeding under Order 21....
Delay in filing an appeal does not warrant condonation without sufficient substantiated evidence, emphasizing the need for timely legal actions.
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