Valli v. Ramasamy Naickar(Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022 CORAM : JUSTICE N.SESHASAYEE C.R.P.(PD) No.2898 of 2019 & CMP No.18809 of 2019 Valli ... Petitioner Vs.
Ramasamy Naickar(died) 1.Sakthivelan 2.Mugundhan 3.Rajamani 4.Arulkumar ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order passed in I.A.No.322 of 2017 in O.S.No.133 of 1997 on the file of learned District Munsif, Uthangarai dated 28.06.2019.
For Petitioner :
Mr.K.Thiruvengadam For RR1 to 3 : Mr.C.Mariappan
ORDER
This Civil Revision Petition has been filed challenging the order restoring the suit in O.S.No.133 of 1997 vide order passed in I.A.No.322 of 2017. 1/4
2. The learned counsel for the revision petitioner submitted that he has no instructions in the matter. However, to avoid any future controversy at her instance to re-adjudicate the matter, this Court after perusing the records and also after hearing the learned counsel for the respondent, finds that the order now impugned is free of any illegality and infirmity. After all, at the end of the day, certain procedural steps are accommodated for the cause of justice. This Court, does not find any need to interfere with the same.
3. In the mean time, the learned counsel for the respondents/plaintiffs submits that he had deposited the cost ordered by the trial Court. Since, this Court notices that the suit is now pending for the last 25 years, it directs the trial Court to bestow its best attention for an expeditious disposal of the suit, and it is directed to be ultra cautious to adjourn the case at the instance of any of the parties to the suit except in cases of personal illness and factors such as bereavement, and dispose of the suit in O.S.No.133 of 1997 within a period of six months excluding the summer recess of '2022.
2/4
4. Accordingly, this revision petition is dismissed. No costs. consequently, connected miscellaneous petition is closed.
24.03.2022 dn Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order To The learned District Munsif, Uthangarai N.SESHASAYEE.J., 3/4
dn 24.03.2022 4/4