Gnanamaniyammal Chathiram v. K.A. Velappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)Nos.1025 to 1027 of 2018 and C.M.P.(MD)No.4419 of 2018 1.Gnanamaniyammal Chathiraim, Vannarpettai, Palayamkottai Village & Taluk, Represented its Principal Hoqdar, Aktharaana K.A.Murugappan.

2.K.A.Murugappan 3.K.A.Shanmugavel 4.M.Saraswathy 5.M.Thaiyal Nayaki 6.M.Subha 7.M.Senthil Nathan ... Petitioners / Petitioners / Plaintiffs (in all petitions) Vs.

1.K.A.Velappan 2.S.S.Visalatchiammal 3.Perinba Sargunam 4.Issac Rathinaraj Edward Asir (Died) 5.John Selvaraj 6.Francis Baskar 7.Edward raja 8.Mercy Paramanathan 9.Raja Hussain 10.Grace Hephsi 11.Celon Vethavalli 12.Stanley Sargunam Thangaiah 13.Jeniffer Perinbam ... Respondents / Respondents / Defendants (Note to 1 to 3, 5 to 8, 10 to 13 may be dispensed with, since the respondents 4 and 9 only contesting respondents) (in all petitions) Common Prayer: Civil Revision Petitions - filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order passed in I.A.No.1297, 1298, 1299 of 2017 in O.S.No.488 of 2011 on the file of the 1st Additional District Munsif Court, Tirunelveli dated 08.03.2018.

For Petitioners : Mr.T.Selvan For R-1 to R-3, R-5 to R-8, R-10 to R-13 : Dispensed with (vide in EB) For R-4 : Proof not filed For R-9 : Mr.V.Perumal (in all petitions) COMMON ORDER The revision petitioners filed Interlocutory Applications in I.A.No.1297, 1298, 1299 of 2017 for reopening their side and for recall of witness for marking some documents. The said Interlocutory Applications were allowed on payment of cost. Unfortunately, the revision petitioners did not pay the said cost. Therefore, the Interlocutory Applications came to be dismissed automatically. Hence, the Civil Revision Petitions have been filed.

2. This Court is of the view that since the revision petitioner is a Trust, an indulgent view can be taken.

3. The learned counsel appearing for the revision petitioners submits that he would pay the cost amount on or before 14.09.2018 and the revision petitioners shall appear before the Court below on the hearing date that follows 14.09.2018.

4. Recording the undertaking, all the Civil Revision Petitions stand allowed.

5. The learned counsel appearing for the respondents submits that since the suit is of the year 2011, time limit may be imposed.

6. In view of the above, the Court below is directed to dispose of the suit in O.S.No.488 of 2011 within a period of six months from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(WRITS) /True copy/ Sub Assistant Registrar(CS I) sm To The First Additional District Munsif, Tirunelveli. 1CC TO MR. V. PERUMAL, ADVOCATE SR 79387

DS SKN SAR 1/2P 3C 21 8 2018 Common Order made in C.R.P.(MD)(PD)No.1025 to 1027 of 2018 Dated: 20.08.2018