Madras High CourtCMP(MD)/1969/2016dismissed

M.Ramdoss, v. Murugaiah,

2016-02-25Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of February Two Thousand Sixteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CMP(MD) No.1969 of 2016 IN CRP(MD) No.2689 of 2015 M.RAMDOSS, ... PETITIONER/1st Respondent Vs 1 MURUGAIAH, S.RAJ (DIED) 2 R.SUSILA, 3 R.SUDHAGARAN 4 R.SATYA, ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition is filed under Secgtion 151 of CPC praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to recall the order passed in CRP(MD)No.2689 of 2015 dated 22.12.2015. PRAYER IN CRP(MD)NO.2689 OF 2015 :

Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the District Munsif, Periyakulam to expedite an execution application in E.A.No.3/2012 petition in E.P.3/3010 In O.S.No.73/2007 and to dispose the same within a time limit. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. R.SARAVANAN, Advocate for the petitioner and of MR.R.SURIYA NARAYANAN, Advocate for the Respondents the court made the following order:- This petition has been filed to recall the order passed in C.R.P.(MD)No.2689 of 2015, dated 22.12.2015.

2.The first respondent has filed the Civil Revision Petition in C.R.P(MD)No.2689 of 2015 for early disposal of the application in E.A.No.3 of 2012 in E.P.No.3 of 2010 in O.S.No.73 of 2007. This Court, by order, dated 22.12.2015, directed the trial Court to dispose the application within a period of one month from the date of receipt of a copy of the order. Now, the petitioner has come out with the present petition to recall the order passed in C.R.P.(MD) https://hcservices.ecourts.gov.in/hcservices/

No.2689 of 2015 on the ground that the order passed in C.R.P.(MD) No.2689 of 2015 was in his absence and without notice issued to him. 3.From the facts and circumstances, this petition is not maintainable and the petition is devoid of merits. 4.Accordingly, this petition is dismissed.

sd/- Assistant Registrar (Co.Dept) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE DISTRICT MUNSIF,PERIYAKULAM GJM/SKS/RR/SAR-I-18.3.16-2p-2c ORDER DATE : 25/02/2016

ORDER

IN CMP(MD) No.1969 of 2016 IN CRP(MD) No.2689 of 2015 Dismissing the Civil Miscellaneous Petition etc as stated within.

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