C.R.P.Nos.181 and 182 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved On : 25.08.2022

Delivered On : 14.10.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

C.R.P.Nos.181 and 182 of 2021

and

C.M.P.Nos.1712 and 1707 of 2021

C.R.P.No.181 of 2021

V.Kotteeswari (Deceased)

D.Kalaivani

... Petitioner/Plaintiff

-vs-

1.Kalaiarasi

... 1^st Respondent/2^nd Defendant

2.V.Kalaivannan

... 2^nd Respondent/1^st Defendant

PRAYER: Civil Revision Petition had been filed under Article 227 of the

Constitution of India, praying to set aside the order dated 24.10.2019 passed

in I.A.No.794 of 2018 in A.S.Sr.No.9261 of 2018 (at present numbered as

A.S.No.20 of 2019) on the file of the learned Principal District Judge at

Chengalpattu.

C.R.P.No.182 of 2021

V.Kotteeswari (Deceased)

D.Kalaivani

... Petitioner/Plaintiff

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C.R.P.Nos.181 and 182 of 2021

-vs-

1.Kalaiarasi

... 1^st Respondent/2^nd Defendant

2.V.Kalaivannan

... 2^nd Respondent/1^st Defendant

PRAYER: Civil Revision Petition had been filed under Article 227 of the

Constitution of India, praying to set aside the order dated 02.11.2019 passed

in I.A.No.794 of 2018 in A.S.Sr.No.9261 of 2018 (at present numbered as

A.S.No.20 of 2019) on the file of the learned Principal District Judge at

Chenglepattu.

For Petitioner

: Mr.J.R.K.Bhavanantham

in both cases

For Respondents

: Mr.R.Thiyagarajan

in both cases

ORDER

Both the Civil Revision Petitions had been filed seeking to set aside

the fair and decretal orders dated 24.10.2019 and 02.11.2019 passed in

I.A.No.794 of 2018 in A.S.Sr.No.9261 of 2018 (at present numbered as

A.S.No.20 of 2019) on the file of the learned Principal District Judge at

Chengalpattu.

2.The learned Counsel for the Petitioners submitted that the Suit in

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C.R.P.Nos.181 and 182 of 2021

O.S.No.358 of 2007 was filed by the Plaintiffs/Petitioners for partition.

Preliminary Decree was passed, based on which, final Decree was also

passed. In continuation of the final Decree, Execution Petition in

E.P.No.149 of 2015 was filed. In the Execution Petition, E.A.Nos.103 and

104 of 2017 were filed by various parties and after all the Petitions were

taken up for enquiry and after passing orders, delivery of possession was

taken. Subsequently, one of the sharers had approached the Appellate Court

by filing Petition to condone the delay of 2728 days in filing the Appeal.

The learned Counsel for the Petitioner herein, had filed Counter before the

Appellate Court. Inadvertently, it was not placed in the Court records by the

Registry of the Appellate Court. Subsequently, it was pointed out to the

Presiding Judge/Appellate Judge regarding the counter filed by the

Petitioners herein as Respondents in I.A.No.794 of 2018 to condone the

delay. It was passed over after lunch Session. Subsequently, in the afternoon

session, it was allowed on payment of cost and the Appeal was numbered as

A.S.No.20 of 2019 on the file of the Principal District Judge at

Chengalpattu.

3.It is the submission of the learned Counsel for the Petitioners that

the party to the partition proceedings were aware of the entire proceedings

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C.R.P.Nos.181 and 182 of 2021

from the date of institution of the suit for partition, till the date of Execution

Petition. Therefore, by numbering the Appeal, it has caused numerous

complications. Therefore, to recall the numbering of the Appeal, these Civil

Revision Petitions are filed. He further submitted that the order passed by

the learned Appellate Judge has to be recalled by exercising powers under

Article 227 of the Constitution of India in the Civil Revision Petitions by this

Court. Also, Consequent orders has to be passed.

4.In support of his contention, the learned Counsel for the Petitioners

relied upon the following rulings:-

4.1.The Hon'ble Supreme Court in the case of the A