Madras High CourtCRP(MD)/2767/2018closed

E.Mariya Paulraj, v. I.John Peter,

2020-09-14Honourable Mr Justice S.S. Sundar2 pages

C.R.P(PD)(MD)No.2767 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P.(MD)(PD)No.2767 of 2018 E.Mariya Paulraj : Petitioner/Petitioner/Plaintiff .. Vs ..

I.John Peter : Respondent/Respondent/Defendant PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the Principal District Munsif Court of Srivilliputtur to pass orders in I.A.No.621 of 2016 in O.S.No.619 of 2009 pending on its file within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani

ORDER

This Civil Revision Petition is for getting a direction to the lower Court to dispose of the application filed by the revision petitioner/plaintiff under Order 38, Rule 5 and Section 151 C.P.C. 2.The learned Counsel appearing for the petitioner on instructions states that a connected Civil Revision Petition in C.R.P.(MD)No.1404 of 2013 is pending and that this Court has stayed the further proceedings in the suit in O.S.No.619 of 2009 pending before the Principal District Munsif Court, Srivilliputtur. Having regard to the fact that an order of stay has been granted by this Court in C.R.P.(MD)No.1404 of 2013, no direction can be issued by this Court again to direct the lower Court to dispose of the interlocutory application in I.A.No.621 of 2016 which will be contrary to the order of stay granted by this Court.

So long as the order of stay is in force, the lower Court may not be in a position to dispose of I.A.No.621 of 2016 or the suit. In such circumstances, this Civil Revision Petition is closed with liberty to the petitioner to move once again for early disposal of the interlocutory application immediately after the Civil Revision Petition in C.R.P.(MD)No.1404 of 2013 is disposed of or the stay granted in that Civil Revision Petition is vacated. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.

C.R.P(PD)(MD)No.2767 of 2018 SRM To The Principal District Munsif, Srivilliputtur.

C.R.P.(MD)No.2767 of 2018 14.09.2020 VB (18.09.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2