Madras High CourtCRP(MD)/1241/2012dismissed

Muthusamy Gounder, (Died) v. Soliammal

2019-10-18Honourable Mr Justice N. Anand Venkatesh2 pages

C.R.P(MD)No.1241 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.R.P(PD)(MD)No.1241 of 2012 and M.P.(MD).No.1 of 2012 1.Muthusamy Gounder (died) .. Revision Petitioner / Defendant /Petitioner 2.M.Eswari 3.Vadivazhagan 4.Mohan .. Petitioners in LRS of the deceased P1 Vs.

Soliammal .. Respondent / Plaintiff / Respondent [Petitioners 2 to 4 brought as LRs of the deceased sole petitioner, as per the order of the Court, dated, 15.09.2015 made in M.P.(MD).

No.1/2015 in C.R.P.(MD).

No.1241/2012] Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and final order, dated 11.04.2012 in I.A.No.44 of 2012 in O.S.No.219 of 2002, on the file of the Principal District Munsif Court, Karur. For Petitioners : Mr.S.Siva Thilakar For Respondent : Mr.M.Bindran

ORDER

The learned counsel on either side submitted that the suit is now at the stage of final arguments and the trial has already been completed.

2. In view of this development, this Court does not want to interfere with the order passed by the Court below dismissing the application for re-issuance of warrant to the Advocate Commissioner to conduct one more inspection. The Court below has specifically found that already an inspection was conducted by the Advocate https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.1241 of 2012 Commissioner and if at all the petitioner had any objections for the same, those objections should have been raised at the earliest point of time and the same could not be raised at the time of final hearing. It is seen that the suit has been instituted in the year 2002 and the same is pending for the last seventeen years.

3. This Court is not inclined to interfere with the fair and final order passed by the Court below. Accordingly, this Civil Revision Petition is dismissed. The Court below is directed to complete the proceedings in O.S.No.219 of 2002, within a period of three months from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) PJL To The Principal District Munsif, Karur.

+1 CC to Mr.S.SIVA THILAKAR, Advocate(SR-93144[F] dated 21/10/2019 ) C.R.P(PD)(MD)No.1241 of 2012 18.10.2019 VB(07.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2