Madras High CourtCRP(MD)/1780/2017disposed of

Rajamani v. The Canara Bank

2017-10-23Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRP(PD)(MD)No.1780 of 2017 Rajamani ... Petitioner Vs.

1. The Canara Bank, Through its Branch Manager, Chithambaranagar Branch, Tuticorin.

2. Durairaj ... Respondents PRAYER:Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Court, Tuticorin District, to dispose of the I.A.No.902 of 2016 in O.S.No.193 of 2003 within the stipulated time which may be fixed by this Court. For Petitioner : Mr.R.Murugappan

O R D E R

This revision petition has been filed to issue a direction to the learned Subordinate Judge, Tuticorin, to dispose of the I.A.No.902 of 2016 in O.S.No.193 of 2003 within the time frame to be fixed by this Court.

2.The learned counsel for the petitioner would aver that the petitioner has filed a petition to condone the delay in I.A.No.902 of 2016 in O.S.No.193 of 2003 and the same is kept pending from 04.08.2016 without any valid reason.

3. The learned counsel for the petitioner would further submit that the petition for condonation of delay of 2162 days was filed to set aside the ex-parte decree passed in O.S.No.193 of 2003. The petitioner submits that he is a senior citizen and he is taking treatment for kidney ailment and therefore, he has come forward with this petition for early disposal of the petition to condone the delay.

4.Since it is only a petition for early disposal of the petition for condonation of delay, which is pending for more than a year, no notice is necessary to the respondents herein. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the fact that the petitioner is a senior citizen and he is taking treatment for kidney ailment, this Court feels that ends of justice would be met by directing the Court below to dispose of the same within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Subordinate Judge, Tuticorin, to dispose of I.A.No.902 of 2016 in O.S.No.193 of 2003 within a period of two months from the date of receipt of a copy of this order.

With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Tuticorin.

+1cc to Mr.R.Murugappan, Advocate Sr.No.83284 CM VB/MR/SAR1/02/11/2017/2P/3C CRP(PD)(MD)No.1780 of 2017 23.10.2017 https://hcservices.ecourts.gov.in/hcservices/