Madras High CourtCRP/2179/2015disposed of

Sharbudeen v. Abdul Samadhu

2015-06-10Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.2179 of 2015 and M.P.No.1 of 2015 Sharbudeen rep by its Power Agent Rashidha Banu ... Petitioner Vs.

1.Abdul Samadhu 2.Bi Bi John 3.Malliga Bi 4.Abdul Majid 5.John Basha 6.Akbar Basha 7.Rafia Bi 8.Razool 9.Zameela Bi 10.Abdul Jabbar 11.Shiadi 12.Syed Basha 13.Mubbarak 14.Kamurudeen ... Respondents (14th respondent remained exparte before the Lower Appellate Court. Hence, notice may be dispensed with.)

Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in C.M.A.No.4 of 2013 on the file of the Sub Court, Kallakurichi dated 29.01.2015 reversing the fair and decreetal order passed in I.A.No.499 of 2012 in O.S.No.188 of 2012 dated 21.06.2013 on the file of the District Munsif Court, Sankarapuram. For Petitioner : Mr.S.Kamadevan

O R D E R

The 1st plaintiff has filed the above Civil Revision Petition challenging the judgment and decree passed in C.M.A.No.4 of 2013 on the file of the Sub Court, Kallakurichi, reversing the fair and decreetal order passed in I.A.No.499 of 2012 in O.S.No.188 of 2012 on the file of the District Munsif Court, Sankarapuram.

2.Though the first plaintiff has challenged the judgment and decree passed in C.M.A.No.4 of 2013, Mr.S.Kamadevan, the learned counsel appearing for the petitioner submitted that the suit itself is ripe for trial and therefore, the trial Court may be directed to dispose of the suit within a stipulated time instead of deciding the correctness of the judgment and decree in C.M.A.No.4 of 2013.

3.Having regard to the submission made by the learned counsel for the petitioner, while confirming the judgment and decree passed in

C.M.A.No.4 of 2013 on the file of the Sub Court, Kallakurichi, I direct the District Munsif, Sankarapuram, to dispose of the suit in O.S.No.188 of 2012, on merits and in accordance with law, without being influenced by the observation given either in I.A.No.499 of 2012 or in C.M.A.No.4 of 2013, within four months from the date of receipt of a copy of this order. 4.With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Index : No 10.06.2015 Internet : Yes va To 1.The Sub Court, Kallakurichi.

2.The District Munsif Court, Sankarapuram.

M.DURAISWAMY,J.

va C.R.P.(PD).No.2179 of 2015 and M.P.No.1 of 2015 10.06.2015