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2025 Supreme(Mad) 4374

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


Advocates:
Advocate Appeared:
For the Appellant : Mr.E.V.Chandru @ E.Chandrasekaran
For the Respondents: Mr.Kingston Jerold, Mr.R.Sukumaran, Ruckmani, D.Vijayakumar, D.Mohanambal, D.Senthil Kumar

The court upheld the significance of promoting settlements in family disputes, allowing restoration of partition proceedings following a mutual agreement between parties, despite initially excessive delay in appeal.

Headnote:(A) Civil Procedure Code, 1908 - Order XLI - Limitation Act, 1963 - Delay condonation - Application to condone delay of 2886 days in filing appeal against ex parte preliminary decree in partition suit was dismissed by the District Judge for lack of sufficient reason - A compromise was subsequently reached between parties during proceedings, leading to restoration of final decree proceedings for property division. (Paras 5.5, 16.1, 17)

(B) Ex parte decrees - The court exercised its discretion to set aside the final decree based on the parties' mutual agreement, emphasizing the importance of amicable resolutions in family disputes. (Paras 14, 16.2)

Facts of the case:
The petitioners entered an ex parte preliminary decree in 2015 due to non-appearance. Subsequently, the plaintiffs filed for a final decree, which led to the defendants requesting a delay in appealing the initial decree, resulting in a challenge to the dismissal of their application. (Para 5.4)

Findings of Court:
The court found that the delay could be condoned based on a settlement reached by the parties, warranting the restoration of proceedings for a fresh final decree. (Paras 16, 17)

Issues: The core issues addressed were the adequacy of the reasons for the extensive delay in filing the appeal and the procedural fairness in light of the settlement. (Paras 5, 6)

Ratio Decidendi: The court highlighted the need to promote settlement among parties and facilitate the resolution of disputes regarding property division while maintaining judicial efficiency. (Paras 14, 17)

Result: Civil revision petition allowed with directions for restoring final decree proceedings.

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 NumberNew Survey NumberExtent
01Item No.1 – 72/2246/2 & 359/92.03 Acres of land in 2 Plots
02Item No.2 – 61353/1, 353/3, 352/60.32 Acres together with building thereon
03Item No.3 – 571247/1, 247/2, 246/11, 246/8, 358/1, 358/2 S.No.356/2 and S.No.357/20.64 Acres of land
04Item No.4 – 159/1246/2 & 357/90.31 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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