The High Court, under Art. 227 of the Constitution, may issue a directive to a subordinate court to expedite the disposal of a pending application to avoid multiplicity of proceedings and irreparable prejudice to a party.

PRAYER

Civil Revision Petition filed under Art.227 of Constitution of India, praying to direct the Principal Subordinate Court, Salem, to dispose of IA.No.1 of 2020 in OS.No.281 of 2017 at an early date.

ORDER

The Revision Petitioner herein is the defendant in the suit in O.S.No.281 of 2017 on the file of Principal Sub Court, Salem, which was filed by the respondent/plaintiff for the relief of specific performance against the defendant.

2. Before the trial court, the Revision Petitioner is the defendant in the suit in O.S.No.281 of 2017 and the suit was decreed exparte. He filed an application to set aside the exparte decree passed in the said suit, however, there is a delay of 861 days arose. To condone the delay, he filed application in I.A.No.1 of 2020 and the same has not been disposed of by the trial judge though the counter objections was filed and the said application was ripe for enquiry long back in the year 2022. In the meanwhile, to execute the decree, the respondent/plaintiff had initiated execution proceedings in E.P.No.221 of 2020, wherein the Executing Court had passed an order to execute the sale deed. Against which, the Civil Revision Petition has also been preferred and the same is pending. Pending all these proceedings, if the sale deed is executed, it will lead to multiplicity of proceedings. Therefore, the learned Principal Subordinate Judge, Salem is directed to dispose the application filed in I.A.No.1 of 2020 in O.S.No. 281 of 2017 within a period of four weeks from the date of receipt of copy of this order. Till then, the E.P. proceedings initiated in E.P.No. 221 of 2020 is ordered to be stayed. In the result, this Civil Revision Petition is disposed of. No costs. Consequently, connected civil miscellaneous petition is closed.

09-06-2026

Index: Yes/No

Speaking/Non-speaking order Neutral Citation: Yes/No

RPP

To

The Principal Subordinate Judge, Salem.