BEFORE THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 26.03.2009 CORAM THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN C.R.P.(NPD).No.100 of 2008 and M.P.No. 1 of 2008 Vellai @ Parthasarathy .. Revision Petitioner/Respondent/Respondent Vs. 1.Jollu @ Rajendran 2.Vetri .. Respondents / Petitioners / appellants Prayer :- This Civil Revision Petition has been preferred under Article 227 of the Constitution of India against the order date 04.10.2007 in I.A.No.56 of 2006 in unnumbered A.S.No.-- of 2006 on the file of the Court of Subordinate Judge, Cheyyar. For Petitioner : Mr.V.Meenakshi Sundaram, Advocate For Respondents : Mrs.S.Hemalatha, Advocate ORDER
This Revision has been directed against the order passed in I.A.No.56 of 2006 in unnumbered A.S.No.– of 2006 on the file of the Court of Subordinate Judge, Cheyyar. To condone the delay of 712 days in representing unnumbered A.S.No.– of 2006, I.A.No.56 of 2006 was filed. After considering the reasoning stated in the affidavit to the petition for condoning the delay, the first appellant Court / Subordinate Judge, Cheyarr had allowed the application on terms of Rs.200/- fixing the date for compliance.
A.C.ARUMUGAPERUMAL ADITYAN, J.
2.When the matter was taken up for hearing, the learned counsel for the respondents would state that the said unnumbered Appeal has been numbered as A.S.No.27 of 2007 and that the plaintiff has also filed cross-appeal in A.S.No.27 of 2007. A xerox copy of the cross-appeal has also been produced before this Court by the learned counsel for the respondents.
3.Under such circumstances, nothing survives in this Revision and the same hereby dismissed. The learned First Appellate Judge is directed to dispose of A.S.No.27 of 2007 within two months from the date of receipt of copy of this order. Connected Miscellaneous Petition is also dismissed. No costs.
26.03.2009
Index :Yes/No
Web :Yes/No
ssv
NOTE:- Issue Today.
To,
The Subordinate Judge, Cheyyar.
C.R.P.(NPD).No.100 of 2008
and
M.P.No. 1 of 2008