Madras High CourtCRP(MD)/1418/2013dismissed

The Tahsildhar v. Pandiarajan

2022-02-17Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.1418 of 2013 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.1418 of 2013 and M.P(MD).No.1 of 2013 The Tahsildar, Tahsildar office, Thirumayam Post and Taluk, Pudukkottai Town and District : Revision Petitioner / Petitioner/ 1st Defendant Vs Pandiarajan : Respondents/ 1st Respondent / Plaintiff PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 03.06.2013 in E.P.No.20 of 2011 in O.S.No.142 of 2010 on the file of District Munsif Court Cum Judicial Magistrate, Thirumayam. For petitioner : No appearance For respondent : No appearance

ORDER

The revision petitioner, who is the 1st defendant, has filed this Revision against the fair and decreetal order dated 03.06.2013 in E.P.No.20 of 2011 in O.S.No.142 of 2010 on the file of District Munsif Court Cum Judicial Magistrate, Thirumayam.

2. The respondent / plaintiff has filed a said suit in O.S.No.142 of 2010 on the file of District Munsif Court Cum Judicial Magistrate, Thirumayam for mandatory injunction and the same was decreed exparte on 22.11.2010. Therefore, the petitioner has filed a petition to set aside the ex parte order with a petition to condone the delay of 191 days and the same has been dismissed vide order dated 10.12.2011. Thereafter, the respondent herein filed E.P.No.20 of 2011 and the same has been allowed on 03.06.2013. Challenging the same, the petitioner has filed the present revision.

3. There is no representation for the counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.1418 of 2013 and

4. On perusal of the records it is seen that this Court by order dated 24.11.2021 directed the Government Advocate, who is appearing for the petitioner, to give necessary instruction to the concerned Tashildar to visit the land and survey the same as per the original patta which the petitioner holds and submit the report as to the nature of the property as well as the person who are now in occupation of the property and adjourned the matter to 05.01.2022. Subsequently, when the matter was taken up for hearing on 24.01.2022 this Court extended the time till 10.02.2022 to comply with the earlier order of this Court dated 24.11.2011. It is also stated in the said order that if the order is not complied with and the property surveyed and measured and the patta granted to the decree holder, the civil revision petition will automatically stand dismissed and hence, the Civil Revision petition is dismissed automatically. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ / /2022 Sub Assistant Registrar (CS) trp To The District Munsif Court Cum Judicial Magistrate, Thirumayam.

+1 CC to M/s.V.NAGARAJAN, Advocate ( SR-6996[F] dated 18/02/2022 ) C.R.P(MD).No.1418 of 2013 and M.P(MD).No.1 of 2013 17.02.2022 MK/25.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2