R.N.Manikandan vs Rajapalayam Municipality
2023 Latest Caselaw 14108 Mad

                                                                             C.R.P.(MD)No.2544 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 31.10.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                            C.R.P (NPD)(MD)No.2544 of 2023
                                                         and
                                              C.M.P.(MD)No.13159 of 2023


                    R.N.Manikandan                                   : Petitioner/Petitioner/
                                                                                  Appellant

                                                             Vs.
                    Rajapalayam Municipality
                    through its Commissioner,
                    S.Parthasarathy,
                    Rajapalayam Town,
                    Virudhunagar District.                           : Respondent/Respondent
                                                                                Respondent

                    Prayer : This Civil Revision Petition filed under Article 227 of the
                    Constitution of India, to set aside the fair and decreetal order, dated
                    10.07.2023 passed in I.A.No.2 of 2023 in A.S.No.5 of 2018 on the file of
                    the Principal District and Sessions Court, Virudhunagar at Srivilliputhur.

                                     For Petitioner      : Mr.R.J.Karthick

                                     For Respondent      : Mr.N.Dilipkumar




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https://www.mhc.tn.gov.in/judis
                                                                              C.R.P.(MD)No.2544 of 2023



                                                          ORDER

The Civil Revision Petition is directed against the order passed in

I.A.No.2 of 2023 in A.S.No.5 of 2018, dated 10.07.2023 on the file of the

Principal District and Sessions Court, Virudhunagar at Srivilliputhur,

dismissing the petition filed under Order 41 Rule 19 of C.P.C.

2. It is seen from the records that the petitioner has filed the suit in

O.S.No.45 of 2009 against the respondent/Municipality and after trial, the

suit was ordered to be dismissed vide judgment, dated 05.07.2017. The

defeated plaintiff has preferred an appeal in A.S.No.5 of 2018 and when

the appeal was posted for 07.01.2023, since the petitioner has not turned

up and there was no representation for the petitioner, the appeal was

ordered to be dismissed. Thereafter, the petitioner has filed an application

under Order 41 Rule 19 of C.P.C, to restore the appeal, which was ordered

to be dismissed on 07.01.2023. The respondent has filed the counter

statement raising serious objections and the learned Principal District

Judge, after enquiry, has passed the impugned order, dismissing the

petition.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2544 of 2023

3. The learned counsel for the petitioner would submit that the

earlier counsel appearing for the appellant before the appellate Court

reported no instructions and that since the petitioner has also not turned

up, the appeal was ordered to be dismissed.

4. Admittedly, the above petition under Order 41 Rule 19 C.P.C., has

been filed in time. The learned counsel for the respondent would submit

that the appeal is pending from 2018 and the petitioner/appellant has been

dragging on the matter.

5. Considering the facts and circumstances of the case and also

taking note of the fact that the respondent has not raised any serious

objections and in order to give an opportunity to the petitioner to

prosecute the appeal, this Court is inclined to set aside the order passed in

I.A.No.2 of 2023 in A.S.No.5 of 2018 on the file of the Principal District

and Sessions Court, Virudhunagar at Srivilliputhur, but on terms.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2544 of 2023

6. In the result, the Civil Revision Petition is allowed and the

impugned order in I.A.No.2 of 2023 in A.S.No.5 of 2018, dated

10.07.2023 on the file of the Principal District and Sessions Court,

Virudhunagar at Srivilliputhur, is set aside, on payment of cost of

Rs.5,000/- (Rupees Five Thousand only) to the respondent on or before

21.11.2023. The learned Appellate Judge is hereby directed to dispose of

the appeal within a period of two months from the date of receipt of copy

of this order. The appellant is directed to co-operate with the appellate

Court for the disposal of the appeal, within the time stipulated. No costs.

Consequently, connected Miscellaneous Petition is closed.

31.10.2023 NCC :yes/No Index :yes/No Internet:yes/No das

To

1.The Principal District and Sessions Court, Virudhunagar at Srivilliputhur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2544 of 2023

K.MURALI SHANKAR,J.

das

Order made in C.R.P (NPD)(MD)No.2544 of 2023 and C.M.P.(MD)No.13159 of 2023

Dated : 31.10.2023

https://www.mhc.tn.gov.in/judis