GOVERNMENT OF TAMIL NADU Vs. RAMAKKAL

JUDGEMENT

(1.) This memorandum of civil revision petition appears to have been filed against the fair and decreetal order dated 22.3.2004, and made in I.A. No. 12 of 1997 in C.F.R. No. 9912 of 1996 on the file of the learned Principal Sub-ordinate Judge, Gobichettipalayam. The respondent herein has filed the suit in O.S. No. 562 of 1989 against the revision petitioners being the Government of Tamil Nadu represented by District Collector, Periyar District, Erode and the Tahsildar, Sathiyamangalam seeking the relief of declaration and perpetual injunction in respect of the suit property.

(2.) Despite the contest made by the civil revision petitioners, the present suit was decreed as prayed for with costs by the respondent herein. Impugning the decree and judgment dated 6.10.1994 and made in O.S. No. 562 of 1989 on the file of the learned District Munsif, Sathiyamangalam, the revision petitioners have filed an appeal before the learned Principal Sub-ordinate Judge, Gobichettipalayam. It is manifested that there is a delay of 761 days in filing the appeal and in order to condone the delay, the revision petitioners have filed an interlocutory application in I.A. No. 12 of 1997 but that application was dismissed by the learned Principal Sub-ordinate Judge, Gobichettipalayam on the ground that the reason of administrative delay has not been justified. Being aggrieved by the order of dismissal, the revision petitioners have preferred this memorandum of Civil Revision.

(3.) When the matter came up for hearing, the learned Special Government Pleader appearing for the revision petitioners submitted that the judgment was pronounced by the learned District Munsif, Sathiyamangalam on 6.10.1994 and the Court was on vacation from 8.10.1994 to 16.10.1994. Thereafter on 17.10.1994, the revision petitioners had made an application in I.A. No. 1117 of 1994 for getting the certified copy of the judgment. Since printing charge was not paid, that application was struck off on 31.10.1994.