Annavi v. Thangarasu
Case brief
What is this about?
Writ petition under Article 227 directed the District Munsif, Kulithalai, to dispose of an interlocutory application condoning delay under Section 5 of the Limitation Act at the earliest due to pending status causing hardship.
What did the court decide?
District Munsif, Kulithalai directed to dispose of I.A. 502 of 2013 in O.S. 10 of 2009 at the earliest. No costs.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2017
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.R.P(MD)No.446 of 2017(NPD)
Annavi .. Petitioner/Petitioner/3rd Defendant
Vs.
1.Thangarasu .. Respondent/Respondent/Plaintiff 2.Ponnusamy Pillai
Thangammal (died)
3.Manickam 4.Arumugham 5.Bakkiyam 6.Chinnammal .. Respondents/Petitioners/Defendants
Prayer: This Civil Revision Petition is filed under Section 227 of the Constitution of India, to direct the District Munsif Court, Kulithalai, Karur District to dispose of I.A.No.502 of 2013 in O.S.No.10 of 2009 within the stipulated time which may be fixed by this Court.
Issues for consideration
3 issues framed by the court
Whether the District Munsif Court should be directed to dispose of a pending Section 5 application condoning delay at the earliest.
Whether this Court should intervene in the inherent powers of the lower court to ensure the disposal of an interlocutory application.
Whether the petitioner is entitled to relief from the hardship caused by the pending interlocutory application.
Parties & counsel
- petitioner
Annavi
- respondent
Thangarasu
- respondent
Ponnusamy Pillai Thangammal
- respondent
Manickam
- respondent
Arumugham
- respondent
Case details
As recorded by the court registry
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