Vasanthi vs Swamidas
2024 Latest Caselaw 19763 Mad

Madras High Court

Vasanthi vs Swamidas on 21 October, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                  C.R.P.(MD)No.917 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                    Dated : 21.10.2024
                                                       CORAM
                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               C.R.P.(MD)No.917 of 2024
                                                         and
                                              C.M.P.(MD)No.5029 of 2024


                Vasanthi                               ... Petitioner / Respondent / Plaintiff

                                                          Vs.

                Swamidas                               ... Respondent / Petitioner / 3rd Defendant


                Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
                India, to call for the records pertaining to the order dated 17.11.2023 passed in
                I.A.No.201 of 2022 in O.S.No.207 of 2007 by the learned District Munsif cum
                Judicial Magistrate Court No.I, Kodaikanal and to set aside the same by
                allowing this Civil Revision Petition.

                          For Petitioner      : Mr.R.Sunilkumar

                          For Respondent      : Mr.G.Prabhu Rajadurai

                                                         ***

                                                      ORDER

Heard both sides.

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2.The revision petitioner is the plaintiff in O.S.No.207 of 2007 on the file

of the District Munsif Court cum Judicial Magistrate No.I, Kodaikanal. An

ex parte decree was passed. To set aside the same, the third defendant in the

suit namely the respondent herein filed an I.A. There was delay in filing the set

aside petition. To condone the delay in filing the set aside petition, I.A.No.201

of 2022 was filed. It was allowed vide order dated 17.11.2023. Questioning

the same, this civil revision petition came to be filed by the plaintiff.

3.Heard the learned counsel on either side at some length. I consciously

refrain from going into the contentions for the simple reason that any

observation made in this matter may prejudice one of the parties.

4.There is consensus on either side that the order impugned in this civil

revision petition need not be upset. The Court below shall also allow the set

aside petition.

5.This civil revision petition is disposed of in the following terms:-

(1) Swamidas/ respondent herein undertakes not to refer to or rely on the judgments and decrees dated 14.12.2005 made in O.S.No.58 of 2003 and dated 16.02.2005 made in O.S.No.59 of 2003 on the file of the District Munsif Cum Judicial Magistrate No.I, Kodaikanal.

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(2) The petitioner as well as the respondent are given liberty to file amendment petitions under Order VI Rule 17 of Civil Procedure Code both in respect of pleadings as well as in respect of prayers. The defendant is also at liberty to file counter claim. If any such amendment petition is filed by either of the parties within eight weeks from the date of receipt of a copy of this order, limitation shall not be raised as an objection.

(3) The learned Trial Court shall take up O.S.No.14 of 2004 and try it simultaneously along with O.S.No.207 of 2007. O.S.No.207 of 2007 and O.S.No.14 of 2004 shall be disposed by the Court below within a period of twelve months from the next hearing date.

(4) I make it clear that the merits of the matter have not been gone into. No costs. Consequently, connected miscellaneous petition is closed.

                                                                                21.10.2024
                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                ias


                To:

                The District Munsif cum Judicial
                     Magistrate Court No.I,
                Kodaikanal.


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                                  G.R.SWAMINATHAN, J.

                                                             ias









                                                   21.10.2024


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