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2026 DAILYLAW 47637 (MAD)

The Government of Tamilnadu v. Bismillah Khan

CRP(MD)/1687/2026 · 2026-07-02

S Sounthar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P(MD)No.1687 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P.(MD)No.1687 of 2026 and C.M.P(MD)No.8150 of 2026 1.The Government of Tamil Nadu, rep. through the District Collector, Ramanathapuram District. 2.The Tahsildar, Ramanathapuram. .. Petitioners Vs. Bismillah Khan .. Respondent PRAYER: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the fair and executable order dated 04.04.2016 passed in I.A.No.112 of 2015 in unnumbered A.S.No.... of 2014 on the file of the Subordinate Court, Ramanathapuram. For Petitioners : Mr.L.Siva Govt. Advocate (civil) For Respondent : Mr.N.S.Ponniah * * * * * 1/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1687 of 2026 ORDER The Civil Revision Petition is filed challenging the order passed by the first appellate Court dismissing the application filed by the petitioner seeking to condone the delay of 1488 days in filing an appeal against the judgment and decree passed in O.S.No.33 of 2003 on the file of the District Munsif Court, Ramanathapuram. 2.In the affidavit filed in support of the petition to condone the delay, it was stated by the petitioner that the case papers were sent to the Government Pleader for the purpose of filing the appeal and, during transit, the case papers were misplaced. In view of the same, there was a delay of 1488 days in filing the appeal. 3. Even assuming that the reasons given in the affidavit regarding the misplacement of the case papers are true, immediately after the misplacement of the case papers, the petitioner could have taken steps to obtain certified copies of the pleadings and documents from the trial Court and presented the appeal without any long delay. In the case on hand, there is a delay of nearly four years (1488 days). The reason given by the petitioner regarding the misplacement of the case papers cannot be accepted for condoning the inordinate delay of 2/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1687 of 2026 1488 days. The trial Court has rightly refused to condone the delay and dismissed the application. I do not find any error in the said order warranting interference in this revision. 4.Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 02.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To 1.The Subordinate Court, Ramanathapuram . 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1687 of 2026 S.SOUNTHAR, J. skn C.R.P.(MD)No.1687 of 2026 and C.M.P(MD)No.8150 of 2026 02.07.2026 4/4 https://www.mhc.tn.gov.in/judis