J.Reetha v. Kannikkai Muthu (Died) 2. Victoria,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.267 of 2024 J.Reetha ... Petitioner Vs 1.Kanikkai Muthu (Died) 2.Victoria 3.Samayapuram Handloom Weavers Co-opeative Production and Sales Society Limited, No.R737 represented by its President, Bazar Street, Samayapuram, Mannachanallur Taluk, Tiruchirapalli District.

4.Vasu 5.Krishnamoorthi 6.Balaji (died) 7.Sundarakrishnan 8.Sekar 1/5

9.Mallika 10.Devi 11.Rajammal ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Sub-Judge, Lalgudi, to dispose the interlocutory application in I.A.No.1 of 2023 in unnumbered A.S.No.--of 2024, pending on the file of the learned Sub-Judge, Lalgudi within the time stipulated by this Court and consequently allow the present Civil Revision Petition.

For Petitioner : Mr.J.Anandkumar

ORDER

This Civil Revision Petition is filed to direct the learned SubJudge, Lalgudi, to dispose the interlocutory application in I.A.No.1 of 2023 in unnumbered A.S.No.--of 2024, pending on the file of the learned Sub-Judge, Lalgudi within the time stipulated by this Court and consequently allow the present Civil Revision Petition. 2/5

2.A suit in O.S.No.150 of 1997 was filed by this petitioner for a decree of injunction. That was dismissed by the trial Court. The respondent filed counter claim and that was allowed. The appeal was presented in time that came to be returned for rectifying some defects. But the petitioner could not comply the defects and there was a delay of 1118 days in representing the appeal memorandum. The petitioner filed a petition and that was numbered in I.A.No.1 of 2023. Against the judgment and decree of dismissal, the petitioner filed I.A.No.1 of 2023 to condone the delay of 1118 days in representing the appeal suit. Eventhough notices were issued to the respondent they are dragging the matter. However, they are pressing for execution of the decree that was passed in the counter claim. On that ground, the petitioner expressed grievance in disposing of the I.A., this petition has been filed.

3. In view of the submission and considering the oldness of the matter, there shall be a direction to the learned Sub-Judge, Lalgudi, to dispose of the in I.A.No.1 of 2023 in unnumbered A.S.No.--of 2024, within a period of three months. However, the petitioner must take effective steps to serve notice upon the respondent. 3/5

4. With the above direction, this Civil Revision Petition is disposed of. No costs.

07.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Registry is directed to return the original petition to the petitioner for re-submission.

pnn To 1.The Subordinate Judge, Lalgudi.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN, J.

pnn

ORDER

IN 07.02.2024 5/5