Madras High CourtCRP(MD)/505/2021allowed

P.Thoppan, v. P.Chinnadurai,

2021-10-01Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD).No.505 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD).No.505 of 2021 C.M.P.(MD).No.2730 of 2021 P.Thoppan ... Petitioner/Petitioner/Defendant vs.

P.Chinnadurai ... Respondent/Respondent/Plaintiff PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and decreetal order dated 30.11.2020 in IA.No.375 of 2019 in IA.No.99 of 2013 in OS.No.69 of 2013 on the file of the District Munsif Court, Vedasandur, Dindigul District and allow this Civil Revision Petition with costs.

For Petitioner :Mr.H.Lakshmi Shankar For Respondent :Mr.R.G.Sankar Ganesh

O R D E R

The petitioner has filed this revision petition against the fair and decreetal order dated 30.11.2020 in IA.No.375 of 2019 in IA.No.99 of 2013 in OS.No.69 of 2013 on the file of the District Munsif, Vedasandur, Dindigul District.

2. IA.No.375 of 2019 was filed by the petitioner to condone the delay of 420 days in filing objection to the Commissioner Report.

3. This Court, on earlier hearing on 06.09.2021 observed that the commissioner's report is very vague, objection is necessary and condoned the delay on payment of cost of Rs.5,000/-.

4. Today ie., 01.10.2021, this Court perused the cost compliance memo filed by the petitioner. Hence, the conditional order of this Court is complied with. In view of the same, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.505 of 2021 Civil Revision Petition is allowed. The impugned order in IA.No.375 of 2019 in IA.No.99 of 2013 in OS.No.69 of 2013 on the file of the District Munsif, Vedasandur, Dindigul District is set aside. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Munsif Court, Vedasandur, Dindigul District Copy to The Section Officer, VR Records, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.H.LAKSHMI SHANKAR, Advocate ( SR-31045[F] dated 04/10/2021 ) C.R.P.(MD).No.505 of 2021 01.10.2021 RK (18/10/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2