Padmanabhan v. Saradhamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.2093 of 2019 1.Padmanabhan 2.P.Vandana

...Respondents/Defendants

/Petitioners Vs.

1.Saradhamani 2.Haridass 3.Sureshbabu

...Petitioners/Proposed parties

/Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India as against the Fair and Decreetal Order dated 12.07.2018 in I.A.No.38 of 2018 in O.S.No.1897 of 2012 on the file of the learned IV Additional District Munsif, Coimbatore. 1/4

For Petitioners :

Mr.C.R.Prasanan For Respondents :

Mr.V.N.Nicholas for R1 and R3 R2- No appearance

ORDER

The point urged by Mr.C.R.Prasanan in this revision is that, the order of the learned Judge stating that in an LR petition a number of days delay need not be given is a wrong finding. While I were to agree that the Court below ought to have insisted upon the learned counsel appearing for the plaintiff to give the number of days delay in bringing on record the legal representatives, in the larger interest of giving quietus to the litigations, I do not want to interfere with the order. The LR petition having been allowed and the suit have been pending for more than 11 years, I do not want to interfere within exercise of powers under Article 227 of the Constitution of India.

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2.Though the finding of the learned Judge in an LR petition, number of days delay need not be mentioned is wrong since discretion has been exercised, I do not want to interfere under Article 227 of the Constitution of India.

Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 25.07.2023 Index : Yes/No Speaking Order : Yes/No : Yes/No mps To The IV Additional District Munsif, Coimbatore.

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V. LAKSHMINARAYANAN, J, mps and C.M.P.No.2093 of 2019 25.07.2023 4/4