IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
K.Arjunraj - Appellant
Versus
K. Dharmaraj (Since deceased) - Respondent
C.R.P.No.345 of 2025 and C.M.P.No.2143 of 2025
Decided on : 29-01-2025
| Table of Content |
|---|
| 1. challenge to delay condonation order (Para 1 , 2 , 3 , 4) |
| 2. settlement agreement reached among parties (Para 6) |
ORDER :
This civil revision petition has been filed challenging the order dated 23.04.2024 passed by the learned District Judge, The Nilgiris District at Udhagamandalam, dismissing the application in I.A.No.02 of 2024 filed by the defendants 1, 3 and 4 in the suit, under Order XLI and Rules (3) and (4) of CPC r/w Section 5 of the LIMITATION ACT , seeking to condone the delay of 2886 days in filing the appeal against the judgement and preliminary decree dated 18.08.2015 made in O.S.No.107 of 2014 on the file of the learned Subordinate Judge at Udhagamandalam.
2. The respondents 5 and 6 herein are the plaintiffs 2 & 3; the respondents 7 to 9 are the legal heirs of the deceased 1st plaintiff - Papathy; the revision petitioners herein are defendants 1, 3 and 4; the respondents 1 to 4 herein are the legal heirs of the deceased 2nd defendant - K.Dharmaraj in the suit.
3. The array of parties in the delay condonation petition in I.A.No.02 of 2024 in A.S. CFR No.4028 of 2023 on the file of the learned District Judge, Udhagamandalamm, The Nilgiris District, is furnished hereunder for better and easy understanding:-
I.A.No.02 of 2024
in A.S. (SR) No.4028 of 2023
K.Arjunraj (1st Defendant)
2. K.Devaraj (3rd Defendant)
K.Haridass (4th Defendant) ….. Petitioners/Appellants
-Versus-
1. K.Dharmaraj (Since deceased) (2nd Defendant)
2. Ruckmani (LR of the deceased 2nd Defendant)
3. D.Vijayakumar (LR of the deceased 2nd Defendant)
4. D.Mohanambal (LR of the deceased 2nd Defendant)
5. D.Senthil Kumar (LR of the deceased 2nd Defendnat)
6. Papathy (Since deceased) (1st Plaintiff)
7. Saraswathi (2nd plaintiff)
8. Suseela (3rd plaintiff)
9. Nithyanandam (LR of the deceased 1st plaintiff)
10. Vani (LR of the deceased 1st plaintiff)
11. Tamil Selvi (LR of the deceased 1st plaintiff) ….. Respondents/Respondents
4. For the sake of convenience, the parties in this revision petition will hereinafter be referred to as per their array in the suit.
5.1 Tmt.Papathy (deceased 1st plaintiff) along with her sisters -Saraswathi and Suseela, the plaintiffs 2 and 3, filed a suit in O.S.No.107 of 2014 for (i) partition and separate possession of the suit properties into 7 equal shares and allotment of 3/7th share in favour of them, by metes and bounds, taking into consideration the nature of the properties and its good and bad soil, nature of construction, road approach and other related factors and (ii) for appointment of an Advocate Commissioner to effect such division and allotment of properties as per the preliminary decree. The plaintiffs are the sisters of the defendants.
5.2 The immovable properties which are subject matter in the partition suit are as follows:
SCHEDULE OF PROPERTIES
SCHEDULE - I
Registration District : The Nilgiris
Registration Sub-District : Kotagiri
Town or Village : Kagguchi Revenue Village
| Sl.No. | Old Survey Number | New Survey Number | Extent |
| 01 | Item No.1 – 72/2 | 246/2 & 359/9 | 2.03 Acres of land in 2 Plots |
| 02 | Item No.2 – 61 | 353/1, 353/3, 352/6 | 0.32 Acres together with building thereon |
| 03 | Item No.3 – 571 | 247/1, 247/2, 246/11, 246/8, 358/1, 358/2 S.No.356/2 and S.No.357/2 | 0.64 Acres of land |
| 04 | Item No.4 – 159/1 | 246/2 & 357/9 | 0.31 Acres of land |
(Schedule No: 1 – Item Nos.1 to 4 comprising totally 3.30 Acres of land together with buildings thereon as per the partition deed dated 09.12.1994 as per Schedule No.1)
SCHEDULE – II
Registration : The Nilgiris
Registration Sub-District : Coonoor
Town or Village : Hulical Revenue Village
Survey Nos. : 54/2 and 54/2
Extent : 0.03 Acres of land together with the buildings thereon bearing D.Nos.6/80, 6/80A and 6/81 with Hulical Panchayat
SCHEDULE III
Registration District : Gopichettipalayam
Registration Sub District : Thokka Naicken Palayam
Town or Village : Vaniputtur
Survey Number : 302/5
Extent : 246 ½ square feet of land together with a building
5.3 It appears that though the defendants entered appearance in the suit through their co

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