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2023 DIGILAW 400 (MAD)

Sadayappa Vallal v. T. Dhanalakshmi

2023-02-01

S.M.SUBRAMANIAM

body2023
ORDER : The civil miscellaneous petition filed in condoning the delay of 28 days in preferring the civil revision petition against the order passed in Succession O.P.No.36 of 2001. 2. The revision petitioner is the respondent in the Succession O.P.No.36 of 2001 and the 1st respondent Smt. Dhanalakshmi and another filed Succession O.P.No.36 of 2001. The said Succession O.P filed by the respondents 1 and 2 was ordered with a direction to settle the family benefits of 50% in favour of respondents 1 and 2. 3. The order passed in the Succession O.P. granting 50% of the family benefits in favour of the respondents 1 and 2 is under challenge in the civil revision petition, which was filed with a delay of 28 days. Though the delay is meagre and ordinarily such meagre delay is condoned by this Court, in the present case, the civil revision petition was filed on 15.02.2005 and the petitioner has not taken steps to comply with the orders passed at the time of admission. 4. This Court ordered notice returnable by two weeks on 30.03.2005 and private notice was also permitted, which was also not taken by the petitioner during the relevant point of time in the year 2005. The Registry records reveals that the petitioner has not taken steps to serve notice to the respondents pursuant to the orders passed by this Court on 30.03.2005 and even the private notice has not taken or the proof has not been filed, enabling this Court to proceed further. 5. Until the year 2007, the matter was listed before the Deputy Registrar of the High Court of Madras, who in turn had given an opportunity to the petitioner to file Batta with petition and that was also not taken by the petitioner as per the orders of the Deputy Registrar. Since, the petitioner has not pursued the matter vigilantly for the past more than 15 years, this Court is not inclined to entertain the petition. 6. The Superintendent of Police, Villupuram District communicated a letter to the Additional Government Pleader in January 2023 stating that the family benefit fund Rs.60,000/- is yet to be paid to the legal heirs of the deceased employee Mr. T.M. Thamburaj. 6. The Superintendent of Police, Villupuram District communicated a letter to the Additional Government Pleader in January 2023 stating that the family benefit fund Rs.60,000/- is yet to be paid to the legal heirs of the deceased employee Mr. T.M. Thamburaj. Therefore, the parties are at liberty to approach the Superintendent of Police, Villupuram District for the purpose of disbursement of their respective shares in accordance with the orders passed in Succession O.P. and accordingly, the Civil Miscellaneous Petition stands disposed of and the Civil Revision Petition stands closed at the SR stage itself. No costs.