Subramani v. K Govindaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI AND CMP NO. 29192 OF 2025 SUBRAMANI S/o.Senniappa Gounder, Murunga Thottam, EB Colony, Samundipuram II Street, Tiruppur - 641 603.

..Petitioner(s) Vs K Govindaraj S/o.Kaliappan, No.2 Amarjothi Garden, Karuvampalayam, Mangalam Road, Tiruppur - 641 604.

..Respondent(s) Prayer:

Civil Revision petition is filed under Article 227 of Constitution of Indian seeking a direction to dispose of the IA.No.1 of 2024 in OS.No.42 of 2016, on the file of the I Addl.Dist and Session Court, Tiruppur. For Petitioner(s):

Mr. S.S. Swaminathan

ORDER

This Civil Revision petition is filed seeking a direction to dispose of the I.A.No.1 of 2024 in O.S.No.42 of 2016, on the file of the I Additional District and Session Court, Tiruppur.

2. Heard Mr.S.S.Swaminathan, learned counsel for the petitioner.

3. The revision petitioner is the defendant who suffered an ex-parte decree. In order to setaside the ex-parte decree in O.S.No.42 of 2016 on the file of the I Additional District and Session Court, Tiruppur, the petitioner has moved an application under Section 5 of the Limitation Act, 1963 to condone the delay in I.A.No.1 of 2024.

4. The grievance of the petitioner is that without disposal of the said application, which is kept pending from January 2024 (more than 1 1⁄2 years) and taking advantage of the same, the respondent is now proceeding with the execution petition.

5. In light of the above, I am inclined to direct the I Additional District and Session Court, Tiruppur to dispose of the I.A.No.1 of 2024 in O.S.No.42 of 2016 within a period of two (2) weeks from the date of receipt of a copy of this order and this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

21-11-2025 Index: Yes/No Speaking/Non-speaking order mpl To The I Additional District and Session Court, Tiruppur.

P.B.BALAJI J.

mpl AND CMP NO. 29192 OF 2025 21-11-2025