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Madras High CourtCRP(MD)/523/2025disposed of

K.Kasamuthu v. R.Gurusamy

2025-02-25Honourable Mr Justice R.Vijayakumar4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR K.Kasamathu

...Petitioner/Plaintiff

Vs.

R.Gurusamy

...Respondent/Defendant

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, for the early disposal of O.S.No.680 of 2023, on the file of the Principal Sub Judge, Tenkasi.

For Petitioner : Mr.P.Baburaj * * * * *

ORDER

The plaintiff in O.S.No.680 of 2023 on the file of the Principal Sub Judge, Tenkasi, is the revision petitioner herein. The present application has been filed for expeditious disposal of the suit. 2.A perusal of the records reveal that the suit has been filed for recovery of money based upon a registered mortgage deed, dated 18.06.2018 for a sum of Rs.5,21,500/- with interest. The defendant had been set exparte and it was 1/4

posted for exparte evidence from 13.09.2024 onwards. The defendant had filed an application under Order 9 Rule 13 of C.P.C. to set aside the exparte order. When it came up for hearing on 24.01.2025, the learned Judge has adjourned it to 28.07.2025 after a period of seven months. In view of the said adjournment, the present application has been filed seeking expeditious disposal of the suit. 3.The leaned Counsel appearing for the revision petitioner, on instructions, submits that he has no objection to allow the application filed by the defendant under Order 9 Rule 7 of C.P.C. and to accept the written statement which has already been filed.

4.Considering the above said facts, the trial Court is directed to pre-pone the suit, on an application to be filed by the plaintiff, to advance the hearing and dispose of the suit on or before 31.07.2025.

5.With the above said observations, this Civil Revision Petition stands disposed of. No costs.

25.02.2025 Internet:Yes/No Index:Yes/No RJR 2/4

To The learned Principal Sub Judge, Tenkasi.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR 25.02.2025 4/4