Madras High Court
Sisilet Mary vs Moses Moni on 6 November, 2023
C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD) Nos.2386 of 2019 & 2366 of 2015
and
M.P.(MD)No.1 of 2015
Sisilet Mary ...Petitioner in both petitions
Vs.
Moses Moni ..Respondent in both petitions
COMMON PRAYER: Civil Revision Petition is filed under Article
227 of the Constitution of India, to set aside the fair and decreetal
order dated 26.09.2019 and 22.08.2015 passed in I.A.Nos.1176 of
2015 and 492 of 2014 in O.S.No.295 of 2011 on the file of the
Principal District Munsif Court, Padmanabhapuram, and allow these
Civil Revision Petitions, respectively.
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C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
In both petitions
For Petitioner : Mrs.D.Saranya
for Mr.K.P.Narayanakumar
For Respondent : Mr.D.Senthil Kumar
COMMON O R D E R
C.R.P(MD)No.2366 of 2015 is filed against the order
dated 22.08.2015 passed in I.A.No.492 of 2014 in O.S.No.295 of
2011 on the file of the Principal District Munsif Court,
Padmanabhapuram, wherein, the delay of 740 days in filing a
petition to set aside the ex-parte decree dated 18.01.2012 in the suit
is condoned on condition of payment of costs of Rs.1,000/- (Rupees
One Thousand only) payable by the petitioner to the respondent on
or before 04.09.2015.
2. C.R.P(MD)No.2386 of 2019 is filed against the order
dated 26.09.2019 passed in I.A.No.1176 of 2015 in O.S.No.295 of
2011 on the file of the Principal District Munsif Court,
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C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
Padmanabhapuram, wherein, the petition under Order 9 Rule 13 and
Section 151 of Civil Procedure Code, is allowed by the Court below.
3. The petitioner herein is the plaintiff and the
respondent is the defendant in the suit in O.S.No.295 of 2011 on the
file of the Principal District Munsif Court, Padmanabhapuram. The
suit is filed seeking permanent injunction. The said suit was decreed
ex-parte by decree and judgment, dated 18.01.2012. The respondent
had filed a petition to set aside the ex-parte order with a delay of
740 days. The Court below after hearing both sides and on
consideration of the facts and circumstances of the case, allowed the
said petition by order, dated 22.08.2015 on payment of costs of
Rs.1,000/- (Rupees One Thousand only) payable by the petitioner
therein to the respondent therein.
4. It appears that the petitioner herein refused to receive
the costs. Consequently, the respondent deposited in Court and
along with receipt, he filed I.A.No.1176 of 2015 under Order 9 Rule
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C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
13 and Section 151 of Civil Procedure Code. The said petition was
allowed restoring the suit to its file.
5. As per the submissions of the learned counsel
appearing on either side, now the suit proceedings are pending
before the Trial Court and trial is going on.
6. Having heard the submissions of the respective
counsels and upon careful perusal of the material available on
record, the trial Court while allowing I.A.No.492 of 2014 has
considered all aspects to condone the delay of 740 days in filing the
petition to set aside the ex-parte decree, dated 18.01.2012 in the suit
observing that the petitioner therein has shown sufficient cause to
condone the delay. As such this Court is not inclined to interfere
into the reasoned order passed by the trial Court in I.A.No.492 of
2014.
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C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
7. Accordingly, C.R.P(MD)No.2366 of 2015 is
dismissed.
8. For the reasons stated above, as the petitioner refused
to receive the cost as per the order of the Court, dated 22.08.2015 in
I.A.No.492 of 2014, the order of the trial Court in allowing
I.A.No.1176 of 2015 is in accordance with law and as such no
interference is required in the Civil Revision Petition in
C.R.P(MD)No.2386 of 2019.
9. Accordingly, C.R.P(MD)No.2386 of 2019 is
dismissed.
10. However, considering the submissions of the
respective counsels that the trial is going on in the suit and in view
of the fact that the suit is of the year 2011, in our considered view, it
is appropriate to direct the Principal District Munsif, Principal
District Munsif Court, Padmanabhapuram, to complete the suit
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C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
proceedings as expeditiously as possible, preferably, within a period
of six months from the date of receipt of a copy of this order.
11. No costs.
12. Consequently, connected miscellaneous petition is
closed.
06.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
RM
To
The Principal District Munsif,
Principal District Munsif Court,
Padmanabhapuram.
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C.R.P(MD)Nos.2386 of 2019 & 2366 of 2015
BATTU DEVANAND, J.
RM
C.R.P(MD) Nos.2386 of 2019 & 2366 of 2015
06.11.2023
https://www.mhc.tn.gov.in/judis
