Madras High CourtCRP(MD)/2425/2018allowed

Peer Mohamed, v. Abdul Wahab,

2018-10-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2018

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN C.R.P(PD)(MD) No.2425 of 2018 and C.M.P.(MD) No.10818 of 2018 Peer Mohamed ... Petitioner/1st Respondent/1st Plaintiff -Vs1. Abdul Wahab .. 1st Respondent/Petitioner/4th Defendant

2. Seyed Majeed ..2nd Respondent/2nd Respondent /2nd Plaintiff

3. Beema John 4.T.Usain Kaja 5.Seyed Ali Fathima 6.M.Anarkali 7.Gowtharnisha ..Respondents 3 to 7/Respondents 3 to 7/ Defendants 1 to 3, 5, 6 Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the fair and decretal order passed in I.A.No.125 of 2018 in O.S.No.29 of 2012 dated 30.07.2018 on the file of the III Additional District Court, Tirunelveli. For Petitioner :

Mr.H.Arumugam

O R D E R

The first plaintiff in O.S.No.29 of 2012 on the file of the III Additional District Court, Tirunelveli, is the revision petitioner herein. He is aggrieved by the impugned order, whereby an application filed by the fourth defendant for re-opening the suit has been allowed. The primary grievance of the petitioner appears to be the case is being dragged on at the instance of the defendants. It is further stated that out of total sale consideration of Rs.62,86,500/-, the plaintiffs have paid a sum of Rs.58,25,000/-. Therefore, this matter cannot brook any further delay. The court below shall not permit any delaying tactics, which, the defendants may resort to. The court below shall dispose of the suit on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

2. With the above direction, this Civil Revision Petition is dismissed. No costs. Consequently, C.M.P.(MD)No.10818 of 2018 is also dismissed.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS-III) To, The III Additional District Court, Tirunelveli. +1 CC To MR.H.ARUMUGAM, Advocate SR. NO. 93126 C.R.P.(PD)(MD) No.2425 of 2018 and C.M.P.(MD) No.10818 of 2018 CM TR/SKN/SAR-III(30.10.2018)2P 3C https://hcservices.ecourts.gov.in/hcservices/