Shanmugmam v. Pr.Shanmugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Shanmugam ... Petitioner/ Plaintiff Vs.

1. PR.Shanmugam

2. Kandhasamy

3. Singaravadivel

4. Kaveri

5. Ghanasekaran

6. Balasubramani @ Ravi

7. Saravanan ... Respondents/ Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct learned Sub Court, Devakottai to expedite the trial in I.A.No.1 of 2022 unnumbered CMA on the file of Sub Court, Devakottai as stipulated by this Court.

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For Petitioner : M/s.R.Paranjothi

ORDER

The Civil Revision Petition has been filed seeking orders to direct the Sub Court, Devakottai, to dispose the I.A.No.1 of 2022 in unnumbered CMA within a period stipulated 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 appearing for the revision petitioner would submit that the fourth respondent/fourth defendant has filed an application in I.A.No.157 of 2014 in O.S.No.41 of 2013 for rejection of plaint and the learned trial Court has allowed the petition on 17.04.2015 and that the revision petitioner/plaintiff has preferred a revision in C.R.P.(MD)SR.No. 46288 of 2015 and this Court, by holding that the petition is not maintainable, gave liberty to the revision petitioner/plaintiff to file an appeal with delay condonation petition and accordingly, the present application came to be filed to condone the delay of 2208 days in 2/4

presenting the appeal and the same was taken on file in I.A.No.1 of 2022 and is pending on the file of the Sub Court, Devakottai.

4. Considering the fact that the suit was of the year 2013 and the present application is pending for the past one year, the learned Sub Judge, Devakottai is directed to conduct the enquiry in I.A.No.1 of 2022 and dispose of the same within a period of two months from the date of receipt of copy of this order.

5. With the above direction, this Civil Revision Petition is allowed. No costs.

10.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Sub Court, Devakottai.

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

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 10.10.2023 4/4