T. John Bosco v. Ezhuilrani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.2119 of 2015 1.T.John Bosco 2.Santhi ... Petitioners Vs.

Ezhilrani ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the frequent adjournments granted in I.A.No.469 of 2014 in O.S.No.331 of 1995 on the file of the District Munsif Court, Panruti. For Petitioners : Mr.R.Gururaj

O R D E R

The defendants in O.S.No.331 of 1995 on the file of the District Munsif Court, Panruti, have filed the above Civil Revision Petition to direct the trial Court to dispose of the application in I.A.No.469 of 2014 within a stipulated time.

2.The plaintiff filed the suit in O.S.No.331 of 1995 for declaration to declare her as the wife of the 1st defendant and for permanent injunction. Since the defendants failed to appear before the trial Court, the trial Court passed an exparte decree on 18.08.1995. Now, the defendants have filed an application in I.A.No.469 of 2014 to set aside the exparte decree passed on 18.08.1995.

3.The learned counsel appearing for the petitioners submitted that since the application is pending for a long time, the defendants are put to great hardship and prejudice.

4.Having regard to the submission made by the learned counsel for the petitioners and taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the District Munsif, Panruti, to dispose of the application in I.A.No.469 of 2014 in O.S.No.331 of 1995, on merits and in accordance with law, within two months from the date of receipt of a copy of this order.

5.With this observation, the Civil Revision Petition is disposed of. No costs.

Index : No 10.06.2015 Internet : Yes va To The District Munsif Court, Panruti.

M.DURAISWAMY,J.

va C.R.P.(NPD).No.2119 of 2015 10.06.2015