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2025 DAILYLAW 145367 (MAD)

Ayyadurai Nadar (Died) Sri.S.Ganesan v. Sri. S.Shanmuga Raja

CRP(MD)/1777/2025 · 2025-06-25

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.(NPD)(MD).No.1777 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(NPD)(MD)No.1777 of 2025 Ayyadurai Nadar (died) S.Ganesan ... Petitioner Vs. 1.S.Shanmuga Raja 2.Ponniah @ Ponnusamy 3.P.Mariammal ... Respondents PRAYER: Civil Revision Petition - filed under Article 227 of Constitution of India, against the application in I.A.No.01 of 2024 in I.A.No.47 of 2007 in O.s.No.60 of 2005 without restoring the final decree application and original suit, which was dismissed by the III Additional District Court, Tirunelveli on 03.08.2016 by disobeying the orders of the interim stay granted by this Court. For Petitioner : Mr.S.Rengan ORDER The present Civil Revision Petition is filed seeking a direction to the trial Court to dispose the application in I.A.No.1 of 2024. 1/4 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)(MD).No.1777 of 2025 2.The petitioner is the second plaintiff in the suit in O.S.No.60 of 2005 for partition of 1/4 share of the suit schedule property. The said suit was decreed exparte and preliminary decree was also granted by the trial Court on 06.03.2007. Aggrieved by the said decree, the respondents/defendants filed an appeal before this Court in A.S.(MD)No.48 of 2008. The said appeal was dismissed on 22.12.2022. Prior to that, the petitioner/2nd plaintiff filed an final decree application in I.A.No.47 of 2007 and the same was dismissed for default on 03.08.2016. Thereafter, the petitioner filed an application seeking to restore the final decree application in I.A.No.1 of 2024 and the same is pending without consideration. 3.The learned counsel for the petitioner fairly submits that this Court may issue a direction to the trial Court to dispose of the application in I.A.No.1 of 2024 within the time stipulated by this Court. 4.Since no adverse order is going to be passed in this petition as against the respondents, notice to the respondents is dispensed with. 2/4 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)(MD).No.1777 of 2025 5.Considering the limited request made by the petitioner, this Court directs the trial Court to dispose of the application in I.A.No.1 of 2024 within a period of three months from the date of receipt of a copy of this order. 6.With the above direction, this Civil Revision Petition is disposed of. No costs. 25.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta Note: Issue order copy on 25.06.2025 To 1.The III Additional District Court, Tirunelveli 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)(MD).No.1777 of 2025 M.DHANDAPANI,J. ta C.R.P.(PD)(MD)No.1777 of 2025 25.06.2025 4/4 https://www.mhc.tn.gov.in/judis