Venkatamma v. Nagaraj,S/O.Pappanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21-11-2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.3609 of 2016 Venkatamma ... Petitioner vs Nagaraj ..... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the Returned IASR No.4694 of 2016 in I.A.N.o.176 of 2015 in O.S.No.250 of 2013 on the file of Sub Judge, Hosur. For Petitioner : Mr.M. Selvam

ORDER

Challenging the Docket Order passed in I.A.S.R.No.4694 of 2016 in I.A.No.176 of 2015 in O.S.No.250 of 2013 on the file of Subordinate Court, Hosur, the defendant has filed the above Civil

Revision Petition.

2.

The revision petitioner has filed the application in I.A.S.R No.4694 of 2016 under Section 148 of the Civil Procedure Code to enlarge the time to comply the order dated 15.09.2015. 3.

The trial Court, by order dated 26.08.2016 returned the papers raising a query with regard to the maintainability of the application.

4.

The learned counsel, appearing for the petitioner, submitted that the petitioner was not given an opportunity to put forth her case before the trial Court.

5.

In view of the submissions made by the learned counsel for the petitioner, without going into the merits of the case, I give liberty to the petitioner to make her submissions with regard to the maintainability of the application before the Sub Court, Hosur within one week from the date of receipt of a copy of this order. The Sub Judge, Hosur is directed to decide the issue, with regard to the

maintainability of the application, after hearing the learned counsel for the petitioner. With these observations, the Civil Revision Petition is disposed of. No costs.

21-11-2016 sr Index:no website:yes Note: Issue Order copy of 22.11.2016 Note: Registry is directed to return the Original application in I.A.S.R No.

4694 of 2016 in I.A.No.176/2016 in O.S.No.250 of 2013 To The Sub Court, Hosur

M. DURAISWAMY,J., sr CRP(NPD)No.3609 of 2016 21-11-2016