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2026 Supreme(Online)(Mad) 59532
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
Bakkiyalakshmi – Appellant
Versus
R. Arumugam – Respondent
CRP No. 2547 of 2026
For the Appellants/Petitioners: Snehan Kandasamy
For the Respondents: Notice dispensed with
The High Court may exercise its supervisory jurisdiction under Article 227 to direct a subordinate court to dispose of an interlocutory application within a fixed timeframe to ensure timely justice.
Headnote:The petitioner filed a Civil Revision Petition under Art. 227 of the Constitution of India seeking a direction to the Subordinate Court, Avinashi to dispose of I.A. No. 1 of 2025 in O.S. No. 90 of 2017. The facts involve a defendant who was set ex-parte and subsequently filed an application to condone a delay of 1835 days in seeking to set aside the ex-parte decree. The court framed the issue around the necessity of a time-bound disposal of the pending application given that the counter had not yet been filed by the respondent. The court observed that since the application was filed in 2025, a direction for expedited disposal is appropriate after ensuring the respondent is given an opportunity to be heard. Accordingly, this Court directs the Sub Court, Avinashi to dispose of I.A.No.1 of 2025 in O.S.No.90 of 2017 after giving an opportunity to the respondent / plaintiff to file the counter in I.A.No.1 of 2025 in O.S.No.90 of 2017 within a period of two months from the date of receipt of a copy of this order.
PRAYER
Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Subordinate Court, Avinashi to dispose of the IA No. 1 of 2025 in OS No. 90 of 2017, on merits at the earliest and to pass such further orders or orders in the circumstances of the case and thus render justice.
ORDER
This civil revision petition has been filed, seeking for a limited relief.
The petitioner seeks for early disposal of I.A. No.1 of 2025 in O.S.No.90 of 2017 on the file of the Sub Court, Avinashi. The petitioner is the defendant in the suit. The petitioner was set ex-parte in the suit. Hence, the petitioner filed I.A.No.1 of 2025 in O.S.No.90 of 2017, seeking to condone the delay of 1835 days in filing an application, seeking to set aside the ex-parte decree passed by the Sub Court, Avinashi in O.S.No.90 of 2017.
According to the petitioner, till date, the application has not been disposed of. According to the petitioner, the counter is also yet to be filed by the respondent / plaintiff.
Since the application has been filed by the petitioner in the year 2025 itself, necessarily, a direction will have to be issued by this Court to the Trial Court to dispose of the said application within a time frame to be fixed by this Court, after giving an opportunity for the respondent / plaintiff to file a counter in I.A.No.1 of 2025 in O.S.No.90 of 2017.
Since no adverse orders are passed against the respondent, notice to the respondent is dispensed with by this Court.
Accordingly, this Court directs the Sub Court, Avinashi to dispose of I.A.No.1 of 2025 in O.S.No.90 of 2017 after giving an opportunity to the respondent / plaintiff to file the counter in I.A.No.1 of 2025 in O.S.No.90 of 2017 within a period of two months from the date of receipt of a copy of this order. No costs.
03-07-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ab
To
The Subordinate Court, Avinashi.
