Madras High CourtCRP(MD)/1154/2014dismissed

Mariya Pushpam v. Baby

2021-09-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

C.R.P.(MD) No.1154 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA C.R.P.(MD) No.1154 of 2014

1. Mariya Pushpam

2. Santhosh Mary ... Revision Petitioners/Respondents/ Defendants -vsBaby ... Respondent/Petitioner/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Order and decreetal order made in I.A.No.511 of 2013 in O.S.No.198 of 2012 on the file of Additional District Munsif Court, Padmanabhapuram, dated 07.04.2014. For Petitioners : Mr.V.M.Balamohan Thambi For Respondent : Mr.Arun Prasath for Mr. S.C. Herold Singh

O R D E R

The Civil Revision Petition has been filed against the order made in I.A.No.511 of 2013 in O.S.No.198 of 2012, on the file of Additional District Munsif Court, Padmanabhapuram, dated 07.04.2014.

2. The learned Counsel for the petitioners would submit that the petition in I.A.No.511 of 2013 in O.S.No.198 of 2012 has been filed under Section 10 of CPC to stay the proceedings till the disposal of Second Appeal No.1249 of 2011. He would further submit that the said Second Appeal has already been disposed of and thereby, nothing survives for adjudication in this revision. However, he prays that a direction may be issued to the concerned trial Judge to dispose of the suit in O.S.No.198 of 2012 at the earliest.

3. The learned Counsel appearing for the respondent has also submitted that the Second Appeal No.1249/2011 filed by the petitioners has already been disposed of.

4. In view of the fact that Second Appeal filed by the petitioners has already been disposed of, nothing survives for adjudication in this Civil Revision Petition and hence, the Civil https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD) No.1154 of 2014 Revision Petition is dismissed. However, a direction is issued to the learned Additional District Munisif, Padmanabhapuram to dispose of the suit in O.S.No.198 of 2012 as expeditiously as possible, in any event, not later than six months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/trp To:

The Additional District Munsif , Padmanabhapuram, Kanyakumari District.

Copy to The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-28858[F] dated 13/09/2021 ) +1 CC to M/s.V.M.BALAMOHANTHAMBI, Advocate ( SR-28998[F] dated 14/09/2021 ) C.R.P.(MD) No.1154 of 2014 09.09.2021 RK (30.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2