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Madras High CourtCRP/1232/2011disposed of

Baby v. Sellammal

2016-08-19Honourable Mr Justice M.V. Muralidaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.08.2016

CORAM

The Hon'ble Mr.Justice M.V.MURALIDARAN CRP(PD).No.1232 of 2011 and M.P.No.1 of 2011 1.Baby 2.Thaiyalnayaki .. Petitioners vs.

1.Sellammal 2.Nallamuthu 3.Periasamy .. Respondents Civil Revision Petition filed under Section 115 of Code of Civil Procedure Code against the order dated 30.08.2010 made in I.A.No.151 of 2009 in A.S.No.73 of 2009 passed by the Subordinate Judge, Ariyalur.

For Petitioners ... M/s.R.Thiagarajan For Respondents ... No appearance ----- O R D E R Civil Revision Petition filed against the order dated 30.08.2010 made in I.A.No.151 of 2009 in A.S.No.73 of 2009 passed by the learned Subordinate Judge, Ariyalur.

2. A suit in O.S.No.107 of 2007 was filed by the petitioners/ plaintiffs against the respondents for permanent injunction and the same was decreed on 28.08.2009, against which, the respondents have filed an appeal suit in A.S.No.73 of 2009 on the file of the learned Subordinate Judge, Ariyalur along with which, the respondents also filed application in I.A.No.151 of 2009 for interim stay and the same was considered by the Appellate Court and granted interim order on 30.08.2010 against which, this Civil Revision Petition has been filed by the petitioners who are the respondents in the above appeal in A.S.No.73 of 2009.

3. Heard the learned counsel appearing for the petitioners. None appeared for the respondents.

4. The appeal is of the year of 2009 and for more than seven years it is pending before the learned Subordinate Judge, Ariyalur. Hence, without gone through the interim order in the said application in I.A.No.151 of 2009 on merits this Court directs the learned Subordinate Judge, Ariyalur to dispose the appeal suit in A.S.No.73 of 2009 within a period of two months from the date of receipt of a copy of this order, by giving notice to both parties.

5. The Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 19.08.2016 Index:Yes/No Internet:Yes/No ub To The Subordinate Judge, Ariyalur.

M.V.MURALIDARAN,J.

ub C.R.P.No.1232 of 2011 19.08.2016