Rajalakshmi (Died) 1.Sekar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Rajalakshmi (died) 1.Sekar 2.K.Parvathy 3.K.Prabavathi 4.Minor K.Gomathi 5.Minor K.Sivabalan 6.K.Arumugam Chinnaponu (died) (Minor petitioners 4 and 5 are represented through their mother and guardian of the second petitioner) ... Revision Petitioners/Petitioners/Plaintiffs Vs.

1.The District Collector, Madurai District, Madurai - 625 020.

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2.The Tashildar, Madurai North Taluk, Madurai.

... Respondents/Respondents/Defendants Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the District Munsif Court, Madurai Taluk, to dispose the I.A.No.201 of 2021 in O.S.No.93 of 2015 within a period stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi

ORDER

The Civil Revision Petition has been filed seeking a direction to the learned District Munsif, District Munsif Court, Madurai Taluk, to dispose I.A.No.201 of 2021 in O.S.No.93 of 2015, within a stipulated period that may be fixed by this Court.

2. According to the sixth petitioner, he filed a suit along with other legal heirs of his father Late Karuppaiah in O.S.No.93 of 2015 before the District Munsif Court, Madurai Taluk, against the respondents for the relief of declaration and injunction. The suit was 2/6

decreed exparte on 10.08.2016. Now the respondents filed I.A.No.201 of 2021 to condone the delay of 1767 days to set aside the exparte decree passed on 10.08.2016. In order to drag on the proceedings, by getting several adjournments, the delay condonation petition is still pending, without any progress. Hence, he prays for early disposal. 3.Considering the limited prayer sought for in the Revision, notice to other side is deemed unnecessary.

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

5. Considering the facts and circumstances of the case, this Court directs the learned District Munsif, District Munsif Court, Madurai Taluk, to dispose I.A.No.201 of 2021 in O.S.No.93 of 2015, pending on his file, on merits and in accordance with law, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of copy of this order. 3/6

6. With the above direction, this Civil Revision Petition is disposed of. No costs.

08.08.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No RM 4/6

To 1.The District Munsif, District Munsif Court, Madurai Taluk, 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

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