2023 (3) TMI 1470

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.... a suit vide OS. No. 5 of 2012 on the file of Principal Junior Civil Judge, Adoni for permanent injunction restraining the defendants and their men from obstructing or inferring in any manner from using the Rastha by taking the bullock cart which is existing from time immemorial, which is running from East-West from the lands of the defendants to reach the land of the plaintiff. When the suit is coming for trial, the same was dismissed for non prosecution on 24.07.2017. In those circumstances, the present I.A. No. 1532 of 2018 has been filed under Section 5 of Limitation Act to condone the delay of 339 days in filing the petition for restoration of the suit, on the ground that the petitioner is not keeping good health and his counsel before....

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....below ought to have given one more opportunity to the petitioner/plaintiff to prosecute his suit. However, the delay application was dismissed without considering the reason offered by the petitioner and further failed to see that no prejudice will be caused to the defendants. The delay can always be condoned and the suit be restored by compensating the defendants by imposing costs. However, the court below without considering the same dismissed the application. 7. Learned counsel for the petitioner further contended that, the court below dismissed the application with an observation that the petitioner has filed this condonation of delay application without specifying any reasonable cause. The court below while dismissing, observed that....

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....d every day delay in his affidavit while asking to condone the same, the court below has rightly dismissed the said application by giving cogent reasons and there are no valid reasons raised by the learned counsel for the petitioner before this Court in the 1 2007 (3) ALT 619 revision and as such no indulgence can be shown on the petitioner and prayed to dismiss the Civil Revision Petition. 10. Perused the record. 11. The present I.A. No. 1532 of 2018 was filed under Section 5 of the limitation Act to condone the delay of 339 days in filing the petition for restoration of the suit which is filed for permanent injunction restraining the defendants from interfering with the usage of 'Rasta'. No doubt the petitioner has not expla....