Madras High CourtCRP(MD)/3078/2023disposed of

Yogasundari v. P. Thilagavathi

2023-11-27Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Yogasundari : Petitioner/1st Petitioner/ LR of the deceased Plaintiff Vs.

1.P.Thilagavathi : 1st Respondent/Respondent/ Defendant 2.Chandru 3.Soorya : Respondents 2 & 3/Petitioners 2 & 3/ LRs of the deceased Plaintiff Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Tiruchirappalli to dispose of the interlocutory application in I.A.No.1 of 2022 in O.S.No.304 of 2011, pending on its file, within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.S.Balasubramanian 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the interlocutory application in I.A.No.1 of 2022 in O.S.No.304 of 2011, pending on the file of the Principal Subordinate Court, Tiruchirappalli, within a specified time fixed by this Court.

2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

3. The learned counsel for the petitioner would submit that the suit was dismissed for default on 07.06.2018; that the tenant has filed an application to restore the suit; that meanwhile, the plaintiff died and after filing necessary application, the petition filed under Order IX Rule 9 was taken on file in I.A.No.1 of 2022 and the same is being adjourned again and again.

4. Considering the above facts and circumstances of the case and also the fact that the suit was dismissed on 07.06.2018 and the present restoration application is pending for more than one year, the learned 2/4

Principal Subordinate Judge, Tiruchirappalli, is hereby directed to proceed with the enquiry and dispose of the petition in I.A.No.1 of 2022 in O.S.No.304 of 2011 as expeditiously as possible preferably within a period of one month from the date of receipt of copy of this order.

5. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

27.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The Principal Subordinate Judge, Tiruchirappalli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

das Order made in Dated : 27.11.2023 4/4