IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22-12-2009 CORAM: THE HONOURABLE MR.JUSTICE M.VENUGOPAL C.R.P.(N.P.D) No.4172 of 2009 and M.P.No.1 of 2009 Thiagarajan .. Petitioner -vs- Marappan .. Respondent This civil revision petition is filed under Article 227 of Constitution of India, praying for issuance of a direction,directing the learned Subordinate Judge to dispose of I.A.No.166 of 2007 in O.S.No.293 of 1996 on its file. For Petitioner : Mr.T.Dhanyakumar O R D E R
The revision petitioner/plaintiff has projected this civil revision petition before this Court praying for issuance of a direction , directing the trial Court viz., The Sub Court, Namakkal to dispose of I.A.No.166 of 2007 in O.S.No.293 of 1996 within the time to be determined by this Court.
2. To avoid an avoidable delay, this Court in the interest of justice dispenses with the issuance of notice to the respondent.
3. It is represented before this Court that the sole defendant in the main suit has expired and the matter is pending before the trial Court for steps. As seen from the relevant typed set of papers filed by the petitioner before this Court, it transpires that I.A.No.166 of 2007 to set aside the exparte decree dated 14.11.2005 passed against the respondent/ defendant in O.S.No.293 of 1996 is pending and it is also brought to the notice of this Court that after the death of the sole defendant, his heirs are arrayed as parties to the interlocutory application and in this regard, though steps have been taken, the same has been returned time and again and even as on date, the matter is pending in regard to the steps alone. Inasmuch as I.A.No.166 of 2007 is pending on the file of the trial Court viz., Sub Court, Namakkal for a long time without seeing the end result, this Court, on the basis of Equity, Fairplay, GoodConscience and even as a matter of prudence, directs the trial Court viz., Sub Court, Namakkal to complete all the formalities in regard to the steps relating to the death of the sole defendant and to dispose of the said application within a period of five weeks from the date of receipt of a copy of this order, of course, after providing due opportunities to both parties in the matter in issue .
6. With the above observation, this civil revision petition is disposed of . Consequently, connected M.P.No.1 of 2009 is closed.
sg
To the Sub Court,
Namakkal