Madras High Court
M.Sumathi vs The Idol Of Arulmigu ... on 9 November, 2021
C.R.P(NPD)(MD) No.1719 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2021
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P(NPD)(MD)No.1719 of 2021
and
C.M.P(MD) No.9179 of 2021
M.Sumathi ... Petitioner / Respondent/
Defendant
Vs.
The Idol of Arulmigu Jambugeswarar
Ahilandeswari Devasthanam Thiruvanaikoil,
Tiruchirappalli-5,
Represented by its
Executive Officer holding office at
Temple Premises ... Respondent/petitioner/
Plaintiff
PRAYER:- Civil Revision Petition filed under Section 115 of the Code
of Civil Procedure, to call for the records and to set aside the petition and
order dated 14.09.2021 made in E.P.No.11 of 2019 in O.S.No.1688 of
2008 on the file of the District Munsif Court cum Judicial Magistrate,
Srirangam.
For Petitioner : Ms.R.Yamuna
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C.R.P(NPD)(MD) No.1719 of 2021
ORDER
The petitioner/judgment debtor has filed this civil revision petition
challenging the order passed in E.P.No.11 of 2019 in O.S.No.1688 of
2008 in and by which she has been directed to be evicted from the suit
premises and the property should be delivered back to the decree holder
temple.
2.The grounds on which the revision is filed is that the petitioner
was represented by a counsel appointed by the District Legal Services
Authority, when the matter was pending before the 1 st Additional District
Munsif Court, Trichy, in E.P.No.128 of 2018. Thereafter, the same was
transferred to the District Munsif Court, Srirangam and re-numbered as
E.P.No.11 of 2019. Therefore, the learned counsel who was appointed
had not appeared before the Court at Srirangam and consequently, the
ex parte order came to be passed.
3.The learned counsel for the petitioner would submit that the
petitioner was totally in the dark about the proceedings as the counsel
had not deemed it fit to inform her about the pendency. It is also
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https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1719 of 2021
informed that the revision petitioner has filed an application to set aside
the ex parte order passed in E.P.No.11 of 2019 setting forth the very
same reason herein given and an application for interim stay was also
filed and the same is yet to be numbered.
4.Considering the fact that the petitioner has followed procedure
and filed an application to set aside the ex parte order, nothing survives
for consideration in this revision petition in which the similar prayer is
sought for.
5.In view of the above, this Civil Revision Petition is dismissed
with a direction to the learned District Munsif cum Judicial Magistrate,
Srirangam, to dispose of the Execution Application if any filed, as
expeditiously as possible, but not later than three months from the date of
receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
09.11.2021
Index :Yes/No
Internet : Yes/No
cp
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https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1719 of 2021
P.T.ASHA, J.
cp
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:-
The District Munsif Court cum Judicial Magistrate,
Srirangam.
C.R.P(NPD)(MD)No.1719 of 2021
09.11.2021
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https://www.mhc.tn.gov.in/judis
