Sakthimohan v. R.Palaninathan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)Nos.91 & 92 of 2017 and C.M.P(MD)No.317 of 2017 Sakthimohan ... Petitioner/Respondent/ Defendant in both C.R.P's Vs.

R.Palaninathan ... Respondent/Petitioner/ Plaintiff in both C.R.P's COMMON PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 11.11.2016 passed in I.A.Nos.609 of 2016 and 610 of 2016 respectively in O.S.No.72 of 2014 on the file of the District Munsif, Sivagangai.

For Petitioner : Mr.G.Prabhu Rajadurai (in both C.R.P's) For Respondent : Mr.S.P.Maharajan (in both C.R.P's) COMMON ORDER The petitioner has filed the above Civil Revision Petitions against the fair and decreetal order, dated 11.11.2016 passed in I.A.Nos.609 of 2016 and 610 of 2016 respectively in O.S.No.72 of 2014 on the file of the District Munsif, Sivagangai. 2.The respondent is the plaintiff in the suit in O.S.No.72 of 2014 on the file of the learned District Munsif, Sivagangai and the petitioner is the defendant in the said suit. Pending suit, the respondent/plaintiff filed applications in I.A.Nos.609 of 2016 and 610 of 2016 to re-open and re-call D.W.1 and the said applications were allowed. Against the order passed in I.A.Nos.609 of 2016 and 610 of 2016, the petitioner/defendant has filed the present Civil Revision Petitions.

3.When the matter is taken up for hearing, the learned counsel appearing for the respondent/plaintiff has submitted that the respondent has no objection for allowing the Civil Revision Petition and not pressing I.A.Nos.609 and 610 of 2016 and he has also made an endorsement to that effect. He has also further submitted that the suit itself is posted for arguments and direction may be issued for speedy disposal.

4.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

5.Recording the submission made by the learned counsel appearing for the respondent, the order passed in I.A.Nos.609 of 2016 and 610 of 2016 by the learned District Munsif, Sivagangai is set aside and dismissed as not pressed.

6.In the result, the Civil Revision Petitions are allowed. The learned District Munsif, Sivagangai is directed to dispose of the suit on merits and in accordance with law as expeditiously as possible in any event on or before 30.04.2017. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assitant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The District Munsif, Sivagangai.

+1cc to Mr.S.P.Maharajan,Advocate,sr no 5894 +1cc to Mr.G.Prabhu Rajadurai,Advocate,sr no 6178 ps ms/rsk/sar3/3.2.2017/2p.4c C.R.P(MD)Nos.91 & 92 of 2017 and C.M.P(MD)No.317 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/