Disposed

C.Paramasivam v. the State of Tamilnadu

Madras HC19 Dec 2019CRP(MD)/2341/2019

Case brief

AI extract

What is this about?

In C.R.P(MD)No.2341 of 2019, the Madurai Bench of the Madras High Court directed the trial court under Article 226 of the Constitution to accept a belatedly filed Commissioner's report, allow objections, and dispose of the underlying suit on merits within six months.

What did the court decide?

Directed the trial court to accept the Commissioner's report, allow objections, and dispose of the suit on merits within six months.

C.Paramasivam Vs the State of Tamilnadu — Civil Procedure and Limitation | Madras HC (2019)

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C.R.P(MD)No.2341 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2019 CORAM:

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THE HONOURABLE MRS.JUSTICE R.THARANI

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C.R.P(MD)No.2341 of 2019 and C.M.P.(MD)No.12348 of 2019

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1.C.Paramasivam

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2.C.Ravichandran

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...1 and 2 Revision Petitioners /

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1 and 2 Petitioners/ 2 and 3 Plaintiff

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Vs.

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1.The State of Tamil Nadu Through the District Collector, Dindigul,

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Dindigul District.

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2.The Divisional Engineer, Highways and Rural Works, Pandiyan Nagar, Dindigul. ... Respondents /Respondents/ Defendants

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Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the order passed in I.A.No.319 of 2017 in O.S.No.165 of 2010, dated 26.07.2019 by the Principal Sub Judge, Dindigul.

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For Petitioners : Mr.K.Bhaskaran For Respondents : Mr.K.Mu.Muthu Additional Government Pleader ***

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ORDER

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The Civil Revision Petition is filed against the order, dated 26.07.2019, in I.A.No.319 of 2017 in O.S.No.165 of 2010, passed by the Principal Sub Judge, Dindigul.

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Mr.K.Mu.Muthu, learned Additional Government Pleader takes notice for the respondents and get instructions from the officials.

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On the side of the petitioners, it is stated that the Commissioner's report was filed at a belated stage, but, refusing to accept the Commissioner's Report, the trial Court dismissed the petition. Now, at this stage, the petitioners requested this Court for speedy disposal of the suit itself.

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In the above circumstances, the trial Court is directed to accept the Commissioner's report and the parties to the suit are to be given an opportunity to file objection over the Commissioner's report and thereafter the trial Court has to conduct the trial and https://hcservices.ecourts.gov.in/hcservices/

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C.R.P(MD)No.2341 of 2019

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dispose of the suit in O.S.No.165 of 2010 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.

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With the above observation, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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Assistant Registrar (AS)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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Ls To

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1.The Principal Sub Judge, Dindigul. 2.The District Collector, Dindigul, Dindigul District. 3.The Divisional Engineer, Highways and Rural Works, Pandiyan Nagar, Dindigul. 4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES)

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+1 CC to M/s.M/S.K.BHASKARAN, Advocate ( SR-105799[F] dated 19/12/2019 )

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+1 CC to M/s.SPL.GP ( SR-106173[F] dated 20/12/2019 )

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C.R.P(MD)No.2341 of 2019 19.12.2019

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KK/SAR/07.01.2020/2P-8C/

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https://hcservices.ecourts.gov.in/hcservices/

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C.Paramasivam v. the State of Tamilnadu

Case brief

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C.Paramasivam v. the State of Tamilnadu

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