C.R..P.(NPD)(MD).No.1888 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(NPD)(MD)No.1888 of 2021 and C.M.P(MD) No.10189 of 2021 1. V.Seethalakshmi 2. Minor Vennila D/o.Venkat Rramanujam (Represented by her mother next friend, the 1st petitioner) ... Petitioners/Petitioners/ Respondents 2 and 3/ Respondents 1 and 2 Vs. Venkat Ramanujan (Died) 1. Thiruppathy Venkatachalam 2. Kariyamal ... Respondents 1& 2 /Petitioners/ Cross Appellants/ Respondents 3 and 4 Venkatalakshmi (Died) 3. Mahalakshmi ... 3rd Respondent/ Respondents 4 and 5/ 5th Respondent/6th Respondent 1/6 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.1888 of 2021 PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside Fair and Decretal order dated 01.10.2021 passed in I.A.No. 23 of 2021 in Cross Appeal in A.S.No.1 of 2019 on the file of the Subordinate Court, Kovilpatti and allow the present Civil Revision Petition. For Petitioners : Mr.R.J.Karthick For R1 and R2 : Mr.D.Srinivasaraghavan For R3 : Mr.R.Devaraman O R D E R The respondents in Cross Appeal in A.S.No.1 of 2019 on the file of Sub Court, Kovilpatti, have filed the present Civil Revision Petition challenging the condonation of delay of 29 days in filing the Cross Appeal. 2. A perusal of the records reveal that the revision petitioners herein, as plaintiffs, have filed O.S.No.54 of 2008 for the relief of partition and separate possession. The preliminary decree came to be passed on 17.06.2014. The first defendant had preferred first appeal belatedly and it was numbered as A.S.No.1 of 2019. According to the defendants 3 and 4, they received notice in the first appeal only on 15.01.2020. They have filed the Cross Appeal on 14.03.2020 with a delay of 29 days. The first appellate Court has proceeded 2/6 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.1888 of 2021 to condone the said delay. Challenging the same, the respondents in the appeal/ plaintiffs have filed the present Civil Revision Petition. 3. According to the learned counsel appearing for the revision petitioners, the defendants 3 and 4 have appeared in the condone delay application filed by the first defendant in the first appeal. Therefore, they were aware of the filing of the appeal by the first defendant. In such circumstances, the delay should be calculated from the date on which the defendants 3 and 4 have knowledge about the filing of the first appeal. 4. Per contra, the learned counsel appearing for the respondents 1 and 2/ Cross appellants had contended that as long as they received the notices in the first appeal, the period of limitation will not start counting. 5. Heard both sides and perused the materials available on record. 6. The facts captured above will clearly indicate that the defendants 3 and 4 have filed the cross appeal on 14.03.2020 when they have received the notice in the first appeal on 15.01.2020. The period of limitation will start 3/6 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.1888 of 2021 running not from the date of knowledge of filing of first appeal, but only from the date on which notice is served upon the respondents in the first appeal. Therefore, the delay is only 29 days and the first appellate Court has exercised its discretion to condone the delay and there are no reasons to interfere in the revision petition. 7. Accordingly, this Civil Revision Petition is dismissed. The first appellate Court is directed to dispose of first appeal in A.S.No.1 of 2019 as well as the cross appeal on or before 31.10.2025. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. 30.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.1888 of 2021 To 1. The Subordinate Court, Kovilpatti. 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.R..P.(NPD)(MD).No.1888 of 2021 R.VIJAYAKUMAR,J. ebsi C.R.P(NPD)(MD)No.1888 of 2021 30.04.2025 6/6 https://www.mhc.tn.gov.in/judis