Venkatamma v. Nagaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD)No.61 of 2018 and CMP.No.226 of 2018 Venkatamma .. Petitioner Vs Nagaraj .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 22.09.2015 made in I.A.No.176 of 2015 in O.S.No.250 of 2013 on the file of learned Subordinate Judge, Hosur. For Petitioner : Mr.M.Selvam

O R D E R

This Civil Revision Petition is filed to set aside the order dated 22.09.2015 passed in I.A.No.176 of 2015 in O.S.No.250 of 2013 on the file of learned Subordinate Judge, Hosur.

According to the learned counsel for the petitioner, the respondent herein has filed a suit in O.S.No.250 of 2013 before the Subordinate Court, Hosur, seeking specific performance. The petitioner herein has filed an application in I.A.No.730 of 2014 in O.S.No.250 of 2013 to condone the delay of 148 days in filing an application to set aside the exparte decree and the same was allowed http://www.judis.nic.in

D.KRISHNAKUMAR,J.

kkd on payment of cost of Rs.500/- to the respondent. Challenging the above said order, the petitioner has filed the present civil revision petition before this Court.

3. Considering the submission made by the learned counsel for the petitioner, this Court is not inclined to entertain the civil revision petition. However, liberty is granted to the petitioner to file an appropriate application before the Court below under Section 148 of C.P.C. to extend the time for payment of cost.

4. The Civil Revision Petition is dismissed with above observations. No costs. Consequently, connected miscellaneous petition is closed. 11.01.2018 Index : Yes/No Internet : Yes/No Speaking /Non Speaking Order kkd Note: Issue Order copy on 17.01.2018 To The Sub Court, Hosur.

CRP (PD)No.61 of 2018 and CMP.No.226 of 2018 http://www.judis.nic.in