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Madras High CourtCRP/1707/2024disposed of

M.Latha v. A.A.Thangavelu

2024-04-22Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR M.Latha ... Petitioner Vs.

1.A.A.Thangavelu 2.T.Tamil Selvi ... Respondents PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, 1950, praying to direct the Principal District Court at Cuddalore to decide the I.A.No.85 of 2024 in O.S.No.221 of 2023 and dispose off the same within such time frame as may be fixed by this Court. For Petitioner : Mr.P.Gopiraja

ORDER

This petition has been filed seeking a direction to the Principal District Court, Cuddalore to decide the I.A.No.85 of 2024 in O.S.No.221 of 2023 and dispose of the same within a time frame. 1/4

2.The petitioner/plaintiff had filed a suit in O.S.No.221 of 2023 for recovery of money and mandatory injunction. The petitioner also filed I.A.No.544 of 2023 seeking surety for the suit claim. The trial Court, by order dated 07.12.2023, directed the respondents to give surety and security for the suit claim within a period of 30 days from the date of delivery of the order. Thereafter, the respondents failed to execute any surety and security. The petitioner again filed I.A.No.85 of 2024 in O.S.No.221 of 2023 on 29.01.2024 for attachment of the property. Thereafter, it was periodically adjourned and on 09.02.2024, it was posted to pass an order of attachment of the property. Thereafter, it was periodically adjourned for filing counter. The respondents had taken time giving one reason or other. Hence, the present Revision has been filed seeking a direction to the learned Principal District Judge, Cuddalore to decide the I.A.No.85 of 2024 in O.S.No.221 of 2023 and dispose of the same within a time frame.

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3.The learned counsel represented that O.S.No.221 of 2023 is pending trial. In view of the same, the learned Principal District Judge, Cuddalore is directed to consider I.A.No.85 of 2024, hearing both parties and pass appropriate orders, within a period of thirty (30) days from the date of receipt of a copy of this order.

4.With the above directions, this Civil Revision Petition is disposed of. No costs.

22.04.2024 Index : Yes/No Internet : Yes/No rsi Note: Issue order copy on 23.04.2024 To The Principal District Judge, Cuddalore.

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M.NIRMAL KUMAR, J.

rsi 22.04.2024 4/4