← Library
Madras High CourtCMP/16105/2019ordered

Arulmigu Kasi Vishwanadhar Temple v. Sri Pathi Rao Nainar (Deceased) Rep By His Legal Heirs.

2019-08-05Honourable Mr Justice M. Govindaraj2 pages

C.M.P.No.16105 of 2019 and C.R.P.SR.No.64919 of 2019 M. GOVINDARAJ, J.

The petitioner is the temple. A suit was filed against the petitioner in the year 1990 for the relief of declaration of title and for consequential injunction. It was decreed exparte on 26.10.1993. An application for setting aside the exparte decree was filed in the year 2002 and it was dismissed on 28.02.2006. Thereafter, no steps were taken by the petitioner. In the meanwhile, the first respondent / plaintiff died on 30.10.2011. The said order, dated 28.02.2006, is challenged in the present Civil Revision Petition. The legal heirs of the plaintiff / first respondent were arrayed as parties. The present petition filed is to accept the cause title.

2. Considering the facts and circumstances of the case, this Court is of the considered opinion that the lethargy of the petitioner/ temple which is represented by Executive Officer needs to be seriously contemplated. Hence the petition to accept the cause title is ordered on payment of cost of Rs.10,000/-(Rupees Ten Thousand Only) payable to Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, within a period of two weeks from today.

http://www.judis.nic.in

3. Registry is directed to number the Civil Revision Petition after complying with the conditional order passed above and post the matter for admission, if it is, otherwise in order. 05.08.2019 bkn Note: Issue order copy by 13.08.2019 http://www.judis.nic.in