Allowed

E.Nagalingam v. S.Sundari

Madras HC9 Oct 2023CRP(MD)/2585/2023

Case brief

AI extract

What is this about?

This civil revision petition under Article 226 sought a direction to the District Munsif Court, Thiruchendur, to expeditiously dispose of an application to condone delay in setting aside an ex parte decree. The Court directed disposal within two months and allowed the petition without issuing notice.

What did the court decide?

The District Munsif Court, Tiruchendur is directed to conduct an enquiry and dispose of the application in I.A.No.41 of 2020 within two months from the date of receipt of this order.

E.Nagalingam Vs S.Sundari — Specific Performance | Madras HC (2023)

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C.R.P.(MD)No.2585 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.10.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.2585 of 2023

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E.Nagalingam ... Petitioner/ Respondent/ Plaintiff

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Vs.

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S.Sundari ... Respondent/ Petitioner/ Defendant

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif Court, Thiruchendur to dispose of the I.A.No.41 of 2020 in O.S.No.77 of 2014 on his file as expeditiously as possible and within the time stipulated by this Court.

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For Petitioner : Mr.C.Gangai Amaran

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ORDER

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The Civil Revision Petition has been filed seeking a direction to

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dispose of the petition in I.A.No.41 of 2020 in O.S.No.77 of 2014 pending

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1/4 https://www.mhc.tn.gov.in/judis

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C.R.P.(MD)No.2585 of 2023

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on the file of the District Munsif Court, Thiruchendur, within a specified time fixed by this Court.

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I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

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The learned counsel appearing for the revision petitioner would submit that the revision petitioner/plaintiff has filed a suit in O.S.No.77 of 2014, that since the respondent/defendant's side written statement was not filed and she was called absent, ex parte decree was passed on 16.12.2014, that the respondent/defendant has filed an application under Section 5 of Limitation Act to condone the delay of 1886 days in filing the petition for setting aside the ex parte decree and the same was taken on file in I.A.No. 41 of 2020 and the same is pending without any progress and that therefore, enquiry in I.A.No.41 of 2020 has to be expedited.

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Considering the facts that the ex parte decree was passed on 16.12.2014 and that the application to condone the delay in filing the

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C.R.P.(MD)No.2585 of 2023

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petition for setting aside the ex parte decree is pending for the past three years, the learned District Munsif, Tiruchendur is hereby directed to conduct an enquiry and dispose of the application in I.A.No.41 of 2020 within a period of two months from the date of receipt of copy of this order.

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With the above direction, the Civil Revision Petition is allowed.

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No costs.

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09.10.2023

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

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The District Munsif Court, Tiruchendur.

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

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C.R.P.(MD)No.2585 of 2023

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K.MURALI SHANKAR,J.

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csm

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Order made in C.R.P.(MD)No.2585 of 2023

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Dated : 09.10.2023

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E.Nagalingam v. S.Sundari

Case brief

What is this about?

What did the court decide?

E.Nagalingam v. S.Sundari

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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