K.Subramani v. K.Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.08.2016

CORAM

The Hon'ble Mr.Justice M.V.MURALIDARAN CRP(PD).No.5143 of 2011 and M.P.No.1 of 2011 1.K.Subramani 2.Suganthi .. Petitioners vs.

K.Selvam .. Respondent Civil Revision Petition filed under Section 115 of Code of Civil Procedure Code against the fair and decretal order of the learned District Munsif cum Judicial Magistrate, Pochampalli dated 06.10.2004 in I.A.No.227 of 2004 in O.S.No.96 of 2002.

For Petitioners ... Mr.B.Gnanavinothan For Respondent ... No appearance ----- O R D E R Civil Revision Petition filed to set aside the fair and decretal order of the learned District Munsif cum Judicial Magistrate, Pochampalli dated 06.10.2004 in I.A.No.227 of 2004 in O.S.No.96 of 2002.

2. Heard the learned counsel appearing for the petitioner. Though notice was served on 27.02.2012, on the respondent, he has not chosen to appear before this Court either in person or through his counsel.

3. Considering the facts and circumstances of the case and without going into the merits of the case, this petition is allowed and the petitioner is directed to pay a sum of Rs.2,000/- (Rupees two thousand only) to the Mediation and Conciliation Centre, High Court, Madras. The trial Court is directed to number the set aside application and to pass orders on the set aside application by giving notice to both parties, within a period of two weeks from the date of receipt of a copy of this order and after passing such order, the trial Court is directed to dispose of the suit in O.S.No.96 of 2002 within a period of two months thereafter. The Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

4. Post the matter after two weeks for "reporting compliance".

19.08.2016 Index:Yes/No Internet:Yes/No ub

To The learned District Munsif cum Judicial Magistrate, Pochampalli.

M.V.MURALIDARAN,J.

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C.R.P.No.5143 of 2011 19.08.2016