Srinivasa Sundar v. Indira

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.1692 of 2025 Srinivasa Sundar ... Petitioner/Petitioner/Plaintiff Vs.

1.Indira 2.P.Shibu ... Respondents/Respondents/Defendants PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, against the Fair and Decreetal order in I.A.No.12 of 2024 in O.S.No.39 of 2020 passed by the Sub Court, Eraniel, dated 27.11.2024. For Petitioner : Mr.K.P.Narayanakumar * * * * *

ORDER

The present revision petition has been filed by the plaintiff in O.S.No.39 of 2020 on the file of the Sub Court, Eraniel, challenging an order of adjournment granted by the trial Court.

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2.A perusal of the records reveal that the defendants in the suit have filed I.A.No.12 of 2024, seeking adjournment. The said application was allowed and the suit was adjourned to 16.12.2024 on payment of cost of Rs.500/- to the respondent and Rs.5,000/- to Kanyakumari District Mediation Centre, Nagercoil, for the delay and inconvenience caused. The cost was paid on the next date of hearing. Since the plaintiff's Counsel has not received the cost amount, the defendants have deposited the cost in the suit. 3.The suit was adjourned only to 16.12.2024 and this stage has crossed. This Court does not find any reason to interfere in the order of adjournment. However, it is the grievance for the revision petitioner that when the suit is posted for the cross examination of D.W.2, the defendants are dragging on the proceedings.

4.Considering the above said facts, the trial Court is directed to dispose of the suit on merits and in accordance with law on or before 30.06.2025. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 05.02.2025 Internet:Yes/No Index:Yes/No RJR 2/3

R.VIJAYAKUMAR , J.

RJR To The Sub Court, Eraniel.

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