Madras High CourtCRP(MD)/2505/2022dismissed

Chinnappan, v. Arul (Died), Rayappan

2023-04-03Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and CMP(MD)No.12315 of 2022 Chinnappan ... Petitioner/Respondent/Plaintiff Vs.

Arul (Died) 1.Rayappan 2.Vedhamary 3.Arockiyaselvi 4.Rosali 5.Raja ... Respondent 1to5/Defendants 2 to 6 - Lrs of deceased 1st Defendant Arul PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to call for the records relating to the fair and decreetal order passed in I.A.No.418 pf 2017 in O.S.No.91 of 2011 dated 19.04.2017 on the file of the learned District Munsif, Sivagangai and set aside the same.

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For petitioner : Mr.P.Saravanakumar

ORDER

This petition has been filed to set-aside the order passed in I.A.No.418 pf 2017 in O.S.No.91 of 2011on the file of the learned District Munsif, Sivagangai, dated 19.04.2017.

2.Considering the argument advanced by the learned counsel for the petitioner it is noticed that the impugned order was passed on 19.04.2017. Whereas, the present Civil Revision Petition has been filed only on 13.12.2022. There is no justification in stalling the trial in O.S.No.91 of 2011 at the behest of the petitioner at the belated points of time. Therefore, the present Civil Revision Petition is liable to be dismissed. 3.The admissibility of document which has been allowed to be marked pursuant to the impugned order can be raised at the time of final argument. The Trial Court shall endeavour to dispose the suit in O.S.No.91 of 2011as expeditiously as possible preferably within a period of 15 months from the date of receipt of a copy of this order.

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4.With the above direction, this Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 03.04.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss To 1.The District Munsif, Sivagangai.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN,J.

dss and CMP(MD)No.12315 of 2022 03.04.2023 4/4