C.R.P.No.3359 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM : JUSTICE N.SESHASAYEE

C.R.P.No.3359 of 2019

and CMP.No.21891 of 2019

C.Kameshwaran

.. Petitioner / Respondent /

Respondent / Plaintiff

Vs

1.C.Thangavel

.. Respondent / Petitioner /

Appellant / 1st Defendant

Marayammal (Died)

2.Amaravathi

.. Respondent / Respondent /

Respondent / 3rd Defendant

Prayer : Civil Revision Petition filed under Article 227 of the Constitution

of India praying to set aside the fair and final order dated 19.07.2019 made

in I.A.No.112 of 2016 in Unnumbered A.S. in O.S.No.373 of 2009 on the

file of the Court of the Principal Subordinate Judge, Erode.

For Petitioner

: Mr.C.E.Pratap

For Respondents : Mr.A.Sundaravadanan for R1

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C.R.P.No.3359 of 2019

ORDER

In an appeal preferred by the appellant/first defendant in a partition suit,

challenging the decree of the trial Court, whereunder it granted partial relief

to the plaintiff, the first appellate Court had condoned the delay of 395 days

in preferring the appeal. This is now under challenge by the revision

petitioner/plaintiff.

2. Heard both sides and perused the papers. This Court does not find that

the first appellate Court has misaddressed the issue. After all, it is a suit for

partition and admittedly the plaintiff has been partially successful before the

trial Court and since the facts have not become final yet, it is only

appropriate the defendants are granted some opportunity to prosecute their

appeal.

3. In view of the above, this revision petition stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

12 .06.2023

Index : Yes / No

ds

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C.R.P.No.3359 of 2019

To:

1.The Principal Subordinate Judge

Erode.

2. The Section Officer

VR Section, High Court, Madras.

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C.R.P.No.3359 of 2019

N.SESHASAYEE.J.,

ds

C.R.P.No.3359 of 2019

12.06.2023

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