Disposed

Tuticorin Diocese Association v. M/s.a.M.Muthiah Nadar and sons

Madras HC22 Dec 2022CRP(MD)/2553/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, in two revision petitions concerning a landlord-tenant ejectment suit, directed the Principal District Munsif to dispose of a pending application to set aside an ex parte order within four weeks and the subsequent execution petition within four months to avoid further delay.

What did the court decide?

The principal district munsif, thoothukudi, to dispose of E.A.No.1 of 2021 within four weeks and E.P.No.119 of 2019 within four months thereafter.

Tuticorin Diocese Association Vs M/s.a.M.Muthiah Nadar… — Landlord and Tenant | Madras HC (2022)

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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CRP(PD)(MD)No.2553 of 2022

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Tuticorin Diocese Association, through its Procurator cum Secretary, G.C.Road, Thoothukudi.

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... Petitioner

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versus

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M/s.A.M.Muthiah Nadar & Sons, Through its proprietor Marimuthu Noble, S/o. Muthiah Nadar, 51, G.C.Road, Thoothukudi.

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A.M.M.Mari Muthu Noble

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... Respondents

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Civil Revision Petition filed under Article 227 of the Constitution of India, seeking a direction for early disposal of the petition to set aside the ex parte order in E.A.No.1 of 2021 in E.P.No.119 of 2019 in O.S.No.237 of 2003, on the file of the Principal District Munsif, Thoothukudi.

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1/6

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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For Petitioner : Mrs.P.Jessi Jeeva Priya

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CRP(PD)(MD)No.2554 of 2022

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Tuticorin Diocese Association, through its Procurator cum Secretary, G.C.Road, Thoothukudi.

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... Petitioner

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versus

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M/s.A.M.Muthiah Nadar & Sons, Through its proprietor Marimuthu Noble, S/o. Muthiah Nadar, 51, G.C.Road, Thoothukudi.

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A.M.M.Mari Muthu Noble

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... Respondents

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Civil Revision Petition filed under Article 227 of the Constitution of India, seeking a direction for early disposal of the petition in E.P.No. 119 of 2019 in O.S.No.237 of 2003 on the file of the Principal District Munsif, Thoothukudi.

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For Petitioner : Mrs.P.Jessi Jeeva Priya

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COMMON ORDER

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The petitioner/decree holder has filed these Civil Revision Petitions for early disposal of E.P.No.119 of 2019, which is pending

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2/6

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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before the learned Principal District Munsif, Thoothukudi and also for early disposal of E.A.No.1 of 2021 in E.P.No.119 of 2019.

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The learned counsel appearing for the petitioner submits that the petitioner/landlord filed a suit for ejectment against the respondent in O.S.No.237 of 2003 and the same was decreed in favour of the petitioner on 12.11.2003. Aggrieved over the same, the respondent filed an appeal in A.S.No.140 of 2005 before the Sub Court, Thoothukudi, which was dismissed on 26.11.2008. Thereafter, the Second Appeal preferred by the respondent was also dismissed on 23.10.2019. After the dismissal of the second appeal, the petitioner/landlord filed an Execution Petition in E.P.No.119 of 2019 on 20.12.2019. In the said execution petition, the respondent remained

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ex parte and filed an application E.A.No.1 of 2021 to set aside the ex parte order, on 08.02.2020. The application filed in the year 2020 was numbered in the year 2021 and still pending without disposal. Therefore, the petitioner/landlord has approached this Court for a

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3/6

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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direction. The learned counsel claims that in order to avoid further delay, he is not having an objection to allow E.A.No.1 of 2021 on terms.

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Considering the submission made by the learned counsel for the petitioner and also considering the fact that the suit in O.S.No.237 of 2003 was decreed in the year 2003, there shall be a direction to the learned Principal District Munsif, Thoothukudi, to dispose of E.A.No.1 of 2021, within a period of four weeks from the date of receipt of a copy of this order and to dispose of E.P.No.119 of 2019 within a period of four months thereafter.

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With the above direction, both the Civil Revision Petitions are

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disposed of. No costs.

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22.12.2022

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ogy Index : Yes / No. Internet : Yes / No. 4/6

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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The Principal District Munsif, Thoothukudi.

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5/6

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https://www.mhc.tn.gov.in/judis

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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B.PUGALENDHI, J.

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ogy

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CRP(PD)(MD)Nos.2553 and 2554 of 2022

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22.12.2022

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6/6

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https://www.mhc.tn.gov.in/judis

Tuticorin Diocese Association v. M/s.a.M.Muthiah Nadar and sons

Case brief

What is this about?

What did the court decide?

Tuticorin Diocese Association v. M/s.a.M.Muthiah Nadar and sons

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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