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2025 Supreme(Online)(Mad) 32607

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Selvarani – Appellant
Versus
Ganesan – Respondent


Advocates:
For the Appellants/Petitioners: Mr.George Raja for M/s.Ajmal Associates
For R4: Mr.S.Sivathilakar
For RR3,5,7 to 9: No Appearance

Prayer: This civil revision petition has been filed under Section 115 of the Code of Civil Procedure, 1908 to set aside the fair and decreetal order dated 29.08.2018 made in I.A.No.91 of 2017 in A.S.No.(Unnumbered) of

2017 on the file of Sub-Court, Thoothukudi and to allow the petition.

For Petitioners : Mr.George Raja for M/s.Ajmal Associates For R4 : Mr.S.Sivathilakar For RR3,5,7 to 9 : -No Appearance-

ORDER

The appellants in un-numbered first appeal on the file of the Sub-

Court, Thoothukudi have filed the present civil revision petition, challenging the dismissal of their application for condoning the delay of

2026 days in representing the first appeal.

2. The revision petitioners herein as plaintiffs have filed O.S.No.

503 of 2007 on the file of the Principal Sub Court, Thoothukudi for the relief of partition and separate possession. After trial, the suit was dismissed on 21.10.2009. The plaintiffs have presented the appeal before the Sub-Court, Thoothukudi in time.

3. The appeal was returned by the trial Court for rectification of certain defects. After rectification the appeal was represented only on 10.10.2017 with a delay of 2206 days in representing the appeal. The appellants have

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