S.Indhira Gandhi vs M.Mallaiyasamy
2024 Latest Caselaw 18059 Mad

Madras High Court

S.Indhira Gandhi vs M.Mallaiyasamy on 10 September, 2024

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                                     C.R.P.No.3668 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 10.09.2024

                                                       CORAM :

                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                C.R.P.No.3668 of 2024

                S.Indhira Gandhi                                                  ... Petitioner
                                                           Vs
                M.Mallaiyasamy                                                    ... Respondent
                PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India,
                pleased to direct the Principal Subordinate Court, Coimbatore, to dispose the
                petition for condone the delay in filing the petition to set aside the decree in in
                I.A.No.1 of 2023 on the file of the learned Principal Subordinate Judge,
                Coimbatore, preferred against the judgment and decree dated 03.02.2012 passed in
                O.S.No.125 of 2009.

                                      For Petitioner   :   Mr.R.Kannan

                                                       ORDER

This Civil Revision Petition has been filed by the petitioner seeking for a

direction to the learned Principal Subordinate Court, Coimbatore, to dispose the

application in I.A.No.1 of 2023 in O.S.No.125 of 2009.

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

2. It is submitted by the learned counsel for the petitioner that the suit filed

by the petitioner/plaintiff for recovery of possession in O.S.No.125 of 2009 was

decreed on 03.02.2012. Subsequently, the petitioner has filed an execution petition

in E.P.No.657 of 2022 seeking delivery of possession. After receipt of notice in the

execution petition, the respondent/defendant has filed an application under Section

5 of the Limitation Act, in I.A.No.1 of 2023 seeking to condone the delay of 4064

days in filing the petition to set aside the ex-parte decree passed in O.S.No.125 of

2009 on 03.02.2012. He further submitted that the said application has been

repeatedly adjourned without any orders being passed since 2023. Thereby, the

present civil revision petition has been filed seeking to direct the learned Judge

concerned to pass orders in the application filed by the respondent in I.A.No.1 of

2023.

3. Heard the learned counsel for the petitioner and perused the materials

available on record.

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

4. On perusal of records, it is seen that the suit filed by the

petitioner/plaintiff was decreed in the year 2012 and the application filed by the

respondent/defendant in I.A.No.1 of 2023 to condone the delay in filing the

petition to set aside the decreetal order is pending for orders from 26.02.2024.

Therefore, despite the decree being passed in 2012, the petitioner is unable to

enjoy the fruits of the decree.

5. In view of the above, this Civil Revision Petition stands allowed with a

direction to the learned Principal Subordinate Judge, Coimbatore, to pass orders in

I.A.No.1 of 2023, as expeditiously as possible, preferably, within a period of two

weeks from the date of receipt of a copy of this order. No costs.

10.09.2024 Index : Yes / No Neutral Citation : Yes / No ham

To

The Principal Subordinate Court, Coimbatore.

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

A.D.JAGADISH CHANDIRA, J.

ham

10.09.2024

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