Madras High CourtCRP(MD)/1880/2021allowed

Subbulakshmi, v. Nallakannu,

2022-02-02Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(NPD) (MD) No.1880 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2022

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(NPD) (MD) No.1880 of 2021 and C.M.P.(MD) No.10123 of 2021 and Caveat No.726 of 2020 Subbulakshmi .. Petitioner/Petitioner/ Defendant -vsNallakannu .. Respondent/Respondent/ Plaintiff Prayer :- Petition filed under Section 115 Civil Procedure Code to set aside the fair and decretal order dated 25.02.2021 passed in I.A.No.180 of 2009 in O.S.No.71 of 2007 on the file of the District Munsif Court, Nanguneri.

For Petitioner :

Mr.D.Nallathambi For Respondent :

Mr.Mohan for Mr.C.K.M.Appaji

ORDER

Aggrieved by the order dated 25.02.2021 passed in I.A.No.180 of 2009 in O.S.No.71 of 2007 by the learned District Munsif, Nanguneri, the defendant is before this Court. The interlocutory application was filed to condone the delay of 453 days in filing the application to set aside the ex-parte decree dated 21.08.2007. 2.Learned counsel appearing for the respondent/plaintiff, on instructions, states that this petition be allowed. 3.In view of the above, this Civil Revision Petition is allowed and the order dated 25.02.2021 made in I.A.No.180 of 2009 in O.S.No.71 of 2007 passed by the learned District Munsif, Nanguneri, is set aside. The suit is of the year 2007. Therefore, a direction is issued to the learned District Munsif, Nanguneri to complete the trial on or before 31.07.2022. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) abr https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(NPD) (MD) No.1880 of 2021 Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The District Munsif, Nanguneri.

+1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-3862[F] dated 03/02/2022 ) C.R.P.(NPD) (MD) No.1880 of 2021 Dated: 02.02.2022 RK(14/02/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2