Madras High CourtCRP(MD)/62/2020dismissed

Thamarai Lingam v. Amalraj

2020-01-13Honourable Mr Justice N. Sathish Kumar2 pages

C.R.P(MD)Nos. 62 of 2020 and 434 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR C.R.P(MD)Nos. 62 of 2020 and 434 of 2019 and CMP(MD).Nos.324 of 2020 in CRP(MD).No.62 of 2020 and CMP(MD).No.2219 of 2019 and CRP(MD).No. 434 of 2019 Thamarai Lingam ... Petitioner in both CRPs Vs.

Amalraj .. Respondent in both CRPs PRAYER in CRP(MD).No. 62 of 2020: This Civil Revision Petition is filed under Article 227 of Constitution of India as against the fair and decreetal order dated 19.11.2019 passed in I.A.No.1 of 2019 in O.S.No.391 of 2015 on the file of the Principal Subordinate Judge, Nagecoil.

PRAYER in CRP(MD).No. 434 of 2019: This Civil Revision Petition is filed under Section 115 of CPC as against the fair and decreetal order dated 11.01.2019 passed in I.A.No.381 of 2018 in O.S.No. 391 of 2015 on the file of the Principal Subordinate Judge, Nagercoil. For Petitioner : Mr.V. Meenakshi Sundaram for Mr. R. Murugan in both CRPs.

COMMON ORDER CRP(MD).No.62 of 2020 has been filed against the fair and decreetal order dated 19.11.2019 passed in I.A.No.1 of 2019 in O.S.No.391 of 2015 by the Principal Subordinate Judge, Nagecoil, which has been filed praying to set aside the ex parte decree.

2. The Trial Court has considered the affidavit and allowed the application with cost of Rs.500/- to the respondent. The suit in O.S.No.391 of 2015 is for recovery of money on the basis upon the cheque.

On perusal of the entire order, it is seen that the trial Court has allowed the application in order to give an opportunity to the defendant to contest the matter on merits. I do not find any reason to interfere with the order passed by the trial Court. Hence, this CRP(MD).No. 62 of 2020 is dismissed. However, this Court directs the trial Court to dispose of the suit in O.S.No.391 of 2015 as expeditiously as possible, in https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)Nos. 62 of 2020 and 434 of 2019 any event, not later than, three months from the date of receipt of a copy of this order.

In view of the above order passed in CRP(MD).No.62 of 2020, the learned counsel appearing for the revision petitioner submitted that the prayer sought for in CRP(MD).No.434 of 2019, which is pending before this Court has become infructuous. Though CRP(MD).No. 434 of 2019 is not listed today, the same is taken up for hearing, dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) trp To The Principal Subordinate Judge, Nagercoil.

+1 CC to MR.R.MURUGAN, Advocate ( SR-1648[F] dated 13/01/2020 ) C.R.P(MD)Nos. 62 of 2020 and 434 of 2019 and CMP(MD).Nos.324 of 2020 in CRP(MD).No.62 of 2020 and CMP(MD).No.2219 of 2019 and CRP(MD).No. 434 of 2019 13.01.2020 KM/(07.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2