Madras High CourtCRP/3110/2017disposed of

P.Subramani S/O Ponnusamy v. T.M Sampath

2017-08-31Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2017 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(NPD) No.3110 of 2017 and C.M.P.No.14550 of 2017

1. P.Subramani

2. G.Ramachandran ... Petitioners Vs.

1. T.M.Sampath

2. Bale Pandian @ Selvapandian

3. Vedammal ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned District Munsif Court, Tiruvottiyur, to number I.A.SR.No.543 of 2010 (Old SR.No.130 of 2004 on the file of the Sub Court, Ponneri) in O.S.No.29 of 2000 along with condone delay petition and dispose the same.

For Petitioners : Mr.P.S.Kothandaraman

O R D E R

This Civil Revision Petition has been filed to direct the learned District Munsif Court, Tiruvottiyur, to number the interlocutory

application in I.A.SR.No.543 of 2010 (Old SR.No.130 of 2004 on the file of the Sub Court, Ponneri) in O.S.No.29 of 2000 along with condone delay petition and dispose the same.

2. The grievance of the petitioners is that the petition to condone the delay in filing the petition to set aside the ex parte decree was taken up on file on 17.12.2013 with an endorsement put up back papers. Thereafter, on 24.01.2014, a request was sent calling for records. Ever since, there is no progress in the interlocutory application. Therefore, the revision petitioners seek early disposal of I.A.SR.No.543 of 2010 to condone the delay in filing the petition to set aside the ex parte decree.

3. The learned counsel appearing for the petitioners would submit that the decree holder has filed the Execution Petition in E.P.No.22 of 2007 and the same is also pending before the District Munsif, Thiruvottiyur.

4. Without going into the merits of the case, this Court issues a direction to the District Munsif, Thiruvottiyur, to dispose of the interlocutory application in I.A.SR.No.543 of 2010 in O.S.No.29 of 2000 filed by the petitioners, within a period of two months from the date of receipt of a copy of this order, if the petition is otherwise in order.

5. With this direction, this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 31.08.2017 asi To District Munsif Court, Tiruvottiyur.

M. GOVINDARAJ, J.

asi C.R.P.(NPD) No.3110 of 2017 and C.M.P.No.14550 of 2017 31.08.2017