Madras High CourtCRP(MD)/1393/2016dismissed

Jasmine Stella, v. Js Godwin,

2018-09-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.1393 of 2016 (NPD) and CMP(MD)No.8219 of 2016 Jasmine Stella ... Petitioner/Plaintiff Vs.

JS Godwin ... Respondent/Defendant Prayer : Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order passed in I.ANo.77 of 2016 in I.A No.91 of 2014 in O.S No.165 of 2004 on the file of the Principal District Judge, Virudhunagar at Srivillputhur dated 25.04.2016.

For Petitioner : Mr.M.Solaisamy For Respondent : Mr.A.Sivaji

ORDER

The petitioner herein is the plaintiff in O.S No.165 of 2004 on the file of the Principal District Judge, Virudhunagar at Srivilliputhur. Preliminary decree was passed on 09.06.2009. Thereafter, final decree application was also taken out. In the final decree proceedings, the plaintiff filed I.A No.77 of 2016 for passing a final decree in terms of the draft sketch prepared by the parties. The court below dismissed the said interlocutory application on the ground that when once the final decree has been passed, it would be for the court to proceed further in the matter based on the report and plan submitted by the Advocate Commissioner.

2.No exception can be taken to this order. I find no merit in this civil revision petition. It stands dismissed. Since the final decree proceeding is of the year 2011, the court below is called upon to dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

To The Principal District Judge, Virudhunagar at Srivillputhur.

• 1 CC TO Mr.M.Solaisamy , ADVOCATE IN SR No.85453. SKM • DS RSK SAR4 29 10 2018 2P 3C CRP(MD)No.1393 of 2016 (PD) and CMP(MD)No.8219 of 2016 19.09.2018 https://hcservices.ecourts.gov.in/hcservices/