V.Marappan v. Meenachiammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.04.2019

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD)No.1483 of 2019 and C.M.P.No.9690 of 2019 V.Marappan ... Petitioner Vs.

Karuppanna Gounder (died)

1. Meenachiammal

2. Dharmalingam

3. Sellammal Subramani (died)

4. Rasagounder

5. Sengodan Ammasakka (died)

6. M.Ponnusamy

7. Valarmathi

8. Thirunavukkarasu

9. Muthusamy

10. Karthika ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India pleased to direct the learned Subordinate Judge, Tiruchengode to dispose the stay application in I.A.No.5 of 2019 in CMA.No.5 of 2018 expeditiously.

For Petitioner : M/s.K.Soundarajan

O R D E R

The appellant in CMA.No.5 of 2018 on the file of the Subordinate Court, Tiruchengode, has filed the above Civil Revision Petition to direct the trial Court to dispose of the stay application in I.A.No.5 of 2019 in CMA.No.5 of 2018 expeditiously.

2. The civil revision petitioner has filed a stay application for grant of interim stay of all proceedings in Execution Petition in REP.No.16 of 2001 in O.S.No.34 of 1996 on the file of the learned District Munsif Judge, Tiruchengode. It https://hcservices.ecourts.gov.in/hcservices/

is seen from "A" diary extract, notice is ordered in I.A.No.5/2019 in CMA.No.5 of 2018 and directed to file counter by 02.03.2019. and on 02.03.2019, the matter stood adjourned to 15.03.2019 for filing counter by the respondent. The learned counsel for the Petitioner submits that if the Petition is not ordered as sought for in the above I.A., the Petitioner will be put to hardship and prejudice.

3. Having regard to the submission made by the learned counsel for the petitioner and taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Subordinate Judge, Tiruchengode, to dispose of the stay application I.A.No.5 of 2019 in CMA.No.5 of 2018, on merits and in accordance with law, within a period of 15 days 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, connected CMP.No.9690 of 2019 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dpq To The Subordinate Judge, Tiruchengode.

+1cc to Mr.K.Soundararajan, Advocate Sr.43088 C.R.P.(PD)No.1483 of 2019 and C.M.P.No.9690 of 2019 spd[co] srg 30/05/2019 https://hcservices.ecourts.gov.in/hcservices/