Madras High CourtCRP(MD)/1853/2016allowed

Seduraj, S/O Pooliramasamy v. Tamilnadu Govt. Employees

2018-09-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.1853 of 2016 and C.M.P.(MD)No.8899 of 2016 Seduraj ... Petitioner Vs.

1.Tamilnadu Government Employees'

Association, Sankarankoil through its President Chelliah 2.Tamilnadu Government Employees'

Association, Sankarankoil through its Treasurer Ayyappan 3.Tamilnadu Government Officials Union Sankarankoil its President / Secretary ... Respondents PRAYER : Petition filed under Article 227 of Constitution of India, to revise and set aside the dismissal order passed in I.A.No.351 of 2015 in O.S.No.84 of 2011 by the Subordinate Judge, Sankarankoil, Tirunelveli District, dated 04.01.2016.

For petitioner : Mr.S.Ramesh Alias Ramiah For R1 : Mr.M.Thirunavukarasu for Mr.H.Arumugam

ORDER

The plaintiff in O.S.No.84 of 2011 on the file of learned Sub Judge, Sankarankoil, is the revision petitioner herein. The suit is for declaration and recovery of possession. It is seen that there is some dispute regarding identity of the suit property. https://hcservices.ecourts.gov.in/hcservices/

2.Therefore, in this view of the matter, the order impugned in this Civil Revision Petition is set aside and the I.A.No.351 of 2015 is allowed.

3.An advocate commissioner to be appointed by the Court below, shall complete the entire process within a period of four weeks from the date of receipt of a copy of this order. 4.The suit is of the year 2011. The Counsel for the contesting respondents submits that the petitioner is dragging on the proceedings. He had also allowed the suit to be dismissed for default once.

5.Therefore, the trial Court is directed to dispose of the suit itself within period of four months.

6.Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS-IV) To:

1.The Sub Judge, Sankarankoil.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

(2 copies) +1 CC To M/s.S.Ramesh Alias Ramiah Advocate SR. NO.82972 +1 CC To Mr.M.Thirunavukarasu Advocate SR. NO.83129 ORDER MADE IN C.R.P.(PD)(MD).No.1853 of 2016 and C.M.P.(MD)No.8899 of 2016 07.09.2018 pnn TR/RP/SAR-IV(22.10.2018)2P 6C https://hcservices.ecourts.gov.in/hcservices/