S SUDALAIYANDI THEVAR Vs. GOMATHINAYAGAM PILLAI

JUDGEMENT

(1.) THIS revision is directed against the order of the District Judge, Nagercoil made in I.A.No.170/2001 in A.S.S.R.No.2563/2001, dated 23.10.2002, dismissing the Petition filed under Section 5 of the Limitation Act, 1963 and declining to condone the delay of 458 days in filing the Appeal. The Defendant/Appellant is the Revision Petitioner.

(2.) RESPONDENT/Plaintiff has filed the suit for declaring that the Plaint Schedule Property " lane of 6ft, which starts from the Middle Street of Azhagiyapandipuram and ends with the Plaintiff's property situated in R.S.No.611/90, is exclusively possessed, used and enjoyed by the Plaintiff; and for Permanent Injunction restraining the first Defendant from putting up any construction in the lane portion and also for Mandatory Injunction directing the Defendant 2 and 3 to remove the encroachment made by the first Defendant and to restore the lane.

(3.) ASSAILING the impugned Order, the learned counsel for te Revision Petitioner has submitted that the first Defendant suffered from Paralysis disease and that he was taking treatment from 15.05.2000, which was not properly appreciated by the lower Court. It is further submitted that the lower Court erred in saying that the medical bills, prescription and the nature of treatment were not produced. It is submitted that if the Judgment of the lower Court remains unchallenged, it would cause serious prejudice to the first Defendant.