Madras High CourtCRP/4609/2017disposed of

V.Sakthi Manohari v. Tejraj Jain

2017-12-13Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(NPD).Nos.4609 & 4610 of 2017 and CMP.No.21697 of 2017 V.Sakthi Manohari ..Petitioner in both CRP's Vs.

1.Tejraj Jain 2.Pushpa Devi 3.Pushpa Devi 4.Prakashchand Jain 5.R.Amit Kumar Jain 6.R.Gourav Kumar Jain 7.R.Vishal Kumar Jain ..Respondents in both CRPs' PRAYER in CRP.(NPD).No.4609 of 2017:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order and decreetal order dated 06.11.2017 passed in M.P.No.173 of 2016 in R.C.A.No.600 of 2015 on the file of the IX Small Causes Court at Chennai.

PRAYER in CRP.(NPD).No.4610 of 2017:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order and decreetal order dated 06.11.2017 passed in M.P.No.123 of 2017 in M.P.No.173 of 2016 in R.C.A.No.600 of 2015 on the file of the IX Small Causes Court at Chennai.

For petitioner : Mr.J.Saravana Vel (in both CRP's) COMMON ORDER According to the revision petitioner, the respondents have filed an application in MP.No.173 of 2016 to restore the appeal in RCA.No.600 of 2015 which was dismissed for default. Hence, the respondents have filed a petition in MP.No.123 of 2017 to set aside the dismissal order passed in MP.No.173 of 2016 in RCA.NO.600 of 2015. The appellate court has allowed both the petitions. Challenging the above orders, the revision petitioner has filed the present Civil Revision Petitions before this Court.

2. At this stage, the learned counsel for the revision petitioner submitted that the above appeal is taken up for final disposal and seeks this court to direct the Appellate court to dispose

of the above appeal at an early date within the time as may be fixed by this Court.

3. In view of the submissions made by the learned counsel for the revision petitioner and by accepting the contentions of the revision petitioner and considering the age of the revision petitioner is about 75 years and the case is posted for final disposal, this Court is inclined to direct the IX Small Causes Court, Chennai to dispose of the RCA.No.600 of 2015 in accordance with law on or before 30.03.2018.

4. The Civil Revision Petitions are disposed of with above direction. Consequently, the connected miscellaneous petition is closed. No costs.

13.12.2017 Speaking/Non-speaking order Index :Yes/No Internet:Yes/No lok

D.KRISHNAKUMAR.J, lok To The IX Small Causes Court, Chennai.

CRP.(NPD).Nos.4609 & 4610 of 2017 and CMP.No.21697 of 2017 13.12.2017