Summary: Visu Financiers, based in Karur Town, filed a request to review a previous court decision against G. Sundararaj. The case was about recovering money from a mortgage and the time limit for making a final court order. The Madurai Bench of Madras High Court, led by Judge N. Senthilkumar, ruled in favor of Visu Financiers, allowing the request and canceling a previous order.
Visu Financiers filed a case in Kumbakonam’s Principal Subordinate Court back in 2004 to get back money from a mortgage agreement with G. Sundararaj. A decision was made without Sundararaj being there on November 12, 2009, because he did not show up in court.
G. Sundararaj filed a request in 2010 to cancel the decision made without him. The court told him to pay one-third of the amount decided by April 18, 2011. G. Sundararaj challenged this order multiple times, even taking it to the Supreme Court, but his attempts were dismissed.
"The Supreme Court dismissed the special leave petition on January 9, 2012."
Visu Financiers applied for a final court order in 2019. However, the court dismissed it on October 15, 2022, due to time limit issues. Visu Financiers argued that the time limit should not include the time spent in legal battles, which went on until July 2, 2018.
Judge N. Senthilkumar ruled that the rule allowing a 12-year period for carrying out a court decision applied here. He found that the trial court's use of a different rule with a shorter time limit was incorrect.
"The time limit for filing the final court order is twelve years."
The court allowed Visu Financiers' request, canceling the previous dismissal. The trial court was instructed to continue with the final court order application.
