Madras High CourtCRP(MD)/504/2016allowed

S. Govinda Rajan v. Narayana Samy

2018-07-03Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD) No.504 of 2016 and CMP(MD)No.2157 of 2016 S.Govinda Rajan ... Petitioner / Petitioner / Defendant -Vs1.Narayana Samy 2.Ravichandran ... Respondent / Petitioner / Plaintiff Prayer: Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the order and decree dated 04.02.2016 made in I.A.No.468 of 2015 in O.S.No.50 of 2013 on the file of the Principle Sub Court, Thanjavur and allow the Civil Revision Petition.

For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.T.A.Ebenezer

ORDER

This Civil Revision Petition has been filed praying to set aside the order and decree, dated 04.02.2016, made in I.A.No.468 of 2015 in O.S.No.50 of 2013, on the file of the learned Principle Sub Judge, Thanjavur.

2. The Petitioner has filed an application in I.A.No.468 of 2015 in O.S.No.50 of 2013, before the learned Principle Sub Judge, Thanjavur, to cross-examine the Advocate Commissioner, which was dismissed. Against which, the petitioner has preferred this Civil Revision Petition.

3. In view of the limited prayer sought for by the petitioner and without going into the merits of the case, this Court is inclined to pass the following orders.

This Civil Revision Petition is allowed by setting aside the order passed by the learned Principle Sub Judge, Thanjavur in I.A.No.468 of 2015 in O.S.No.50 of 2013. The learned Principle Sub Judge, Thanjavur, is directed to grant two weeks' time to the petitoner to complete the examination of the Advocate Commissioner from the date of receipt of a copy of this order and on completion of examination of Advocate Commissioner, within two weeks, as stipulated by this Court, the trial Judge is directed to dispose of https://hcservices.ecourts.gov.in/hcservices/

the said Suit in O.S.No.50 of 2013, within a period of two weeks thereafter. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

The Principle Sub Judge, Thanjavur.

+1CC to Mr.G.Gomathi Sankar, Advocate, SR.No.71035 +1CC to Mr.T.A.Ebenezer, Advocate, SR.No. 71200 C.R.P.(PD)(MD) No.504 of 2016 03.07.2018 MPK ES/SKN/RSK/SAR 2/20.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/