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Madras High CourtCRP(MD)/802/2018allowed

Meyammai Achi, D/O. v. S.Chidambaram @ S.Sugumar,

2018-04-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.802 of 2018 and C.M.P.(MD)No.3552 of 2018 Meyammai Achi ... Petitioner -vs1.S.Chidambaram @ S.Sugumar 2.Reginamary 3.Sub-Registrar, Anna Salai, Sub-Registrar Office, Kodaikanal.

4.Registrar, Sub-Registrar Office, Palani.

5.District Registrar, Round Road, Registrar Office, Dindigul.

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Palani, (Camp Kodaikanal) to dispose of I.A.558 of 2017 in O.S.No.384 of 2010 on its file within a time frame fixed by this Court. For Petitioner : Mr.S.Manohar For R3 to R5 : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

The petitioner is shown as first defendant in O.S.No.384 of 2010 on the file of the Sub Court, Palani (Camp Kodaikanal). The petitioner herein was set ex-parte and the said suit was decreed on 22.01.2014. The petitioner herein thereafter applied for setting aside the ex-parte decree. There is a delay in filing setting aside petition. The delay condonation petition is numbered in I.A.No.558 of 2017. The grievance of the revision petitioner is that without disposing the said I.A.No.558 of 2017, the execution proceedings are sought to be proceeded further. E.P.No.73 of 2014 has already been filed.

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2.The learned counsel appearing for the civil revision petitioner submitted that even though the counsel who appeared for the plaintiff in the suit, is also appearing for the execution petition, he declined to take notice.

3.Considering these circumstances, the Sub Court, Palani (Camp Kodaikanal) is directed to dispose of the said I.A.No.558 of 2017 on or before 27.04.2018. Notice has not been issued to the respondents in this Civil Revision Petition, in view of the limited relief granted in the Civil Revision Petition. 4.This Civil Revision Petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Sub Court, Palani, (Camp Kodaikanal) 2.Sub-Registrar, Anna Salai, Sub-Registrar Office, Kodaikanal.

3.Registrar, Sub-Registrar Office, Palani.

4.District Registrar, Round Road, Registrar Office, Dindigul.

COPY TO:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

C.R.P.(PD)(MD)No.802 of 2018 09.04.2018 myr JM/SV MMS/SAR 4/11.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/