C.R.P(MD)No.1795 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.07.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN

THILAKAVADI

C.R.P(MD)No.1795 of 2023

S.Raguraman

... Petitioner / Respondent /

Plaintiff

Vs.

M.Jeyagopal

... Respondent / Petitioner /

Defendant

Civil Revision Petition is filed under Article 227 of the Constitution

of India, to direct the 1^st Additional District Court, Thoothukudi to dispose

of I.A.No.2 of 2021 in O.S.No.67 of 2019 pending on the file of 1^st

Additional District Court, Thoothukudi by passing an order on merits at an

earlier date.

For Petitioner

: Mr.V.Shathurthi Raja

ORDER

The Civil Revision Petition is filed by the petitioner for a

direction to the 1^st Additional District Court, Thoothukudi to dispose of

I.A.No.2 of 2021 in O.S.No.67 of 2019 on merits at an earlier date.

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C.R.P(MD)No.1795 of 2023

2.According to the revision petitioner/plaintiff, he filed a suit in

O.S.No.67 of 2019 for specific performance against the respondent before

the I Additional District Court, Thoothukudi. Due to non-appearance of the

respondent/defendant, he was set ex-parte and the suit was decreed in favour

of the petitioner, on 10.01.2020. Thereafter, he filed the execution petition

in E.P.No.80 of 2021. In such circumstances, on 09.08.2021 the respondent

filed I.A.No.2 of 2021 to condone the delay of 576 days delay in filing a

petition to set aside the Ex-parte decree. In the said petition, the petitioner

filed a detailed counter on 03.01.2022 denying all the allegations raised by

the respondent herein.

3.The learned counsel appearing for the petitioner submitted that

the said I.A is pending before the Court below without any progress. Since

it has been continuously adjourned for one reason or other, the petitioner has

filed the above civil revision petition for early disposal.

4.Considering the facts and circumstances of the case, this Court

directs the I Additional District Court, Thoothukudi, to dispose the I.A.No.2

of 2021 in O.S.No.67 of 2019, on merits and in accordance with law, as

expeditiously, without giving unnecessary adjournment, after affording

sufficient opportunities to the respective parties to put-forth their

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C.R.P(MD)No.1795 of 2023

contentions, within a period of three weeks from the date of receipt of a

copy of this order.

5.With the above direction, this Civil Revision Petition is disposed

of. No costs.

26.07.2023

NCC:Yes/No

Index:Yes/No

Internet:Yes/No

Ns

To

1.The 1^st Additional District Court, Thoothukudi.

2.The Section Officer,

V.R.Section,

Madurai Bench of Madras High Court,

Madurai.

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C.R.P(MD)No.1795 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

Ns

C.R.P(MD)No.1795 of 2023

26.07.2023

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