1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(PD) No.2203 of 2011 Abusakman .. Petitioner/Plaintiff Vs. Uma .. Respondent/Defendant Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 18.08.2011 passed in Interlocutory Application No.89 of 2011 in Original Suit No.473 of 2002 by the Principal Sub Court, Dindigul. For Petitioner : Mr.S.C.Herold Singh ORDER The order dated 18.08.2011 passed in Interlocutory Application No.89 of 2011 in Original Suit No.473 of 2002 by the Principal Sub Court, Dindigul is being challenged in the present Civil Revision Petition. 2. It is stated in the revision petition that the revision petitioner as plaintiff has instituted Original Suit No.473 of 2002 on the file of the Court below for getting a decree of specific performance, wherein the present respondent has been shown as sole defendant. In Original Suit No.473 of 2002, an ex-parte decree has been passed on 05.07.2010 for second time and in order to set aside the same, the present petition has been filed in Interlocutory Application No.89 of 2011. The Court below after considering all the contentions raised on either side has allowed the petition on payment of cost of Rs.2,500/-. Against the conditional order passed by the Court below, the present Civil Revision Petition has been filed. 3. The learned counsel appearing for the revision petitioner has contended that without any sufficient reason, the Court below has passed the impugned order in Interlocutory Application No.89 of 2011 and further the respondent has been set ex-parte twice in Original Suit No.473 of 2002 and the said fact has not been looked into by the Court below and therefore the impugned order passed in Interlocutory Application No.89 of 2011 by the Court below is liable to be set aside. 4. As stated earlier in Interlocutory Application No.89 of 2011, the Court below has directed the petitioner therein to pay a sum of Rs.2,500/- by way of cost. Considering the heavy cost imposed by the Court below in Interlocutory Application No.89 of 2011, this Court is of the view that the conditional order is perfectly correct and the same does not require any interference. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs and the order passed in Interlocutory Application No.89 of 2011 in Original Suit No.473 of 2002 by the Principal Sub Court, Dindigul is confirmed. However, the Principal Sub Court, Dindigul is strictly directed to dispose of Original Suit No.473 of 2002 before the end of January, 2012 and report the same to the Registry without fail. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The Principal Subordinate Judge, Dindigul. Copy to:- The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai (For Watching Report) smn rl/3c – 2.12.2011 C.R.P(PD)(MD)No.2203 of 2011 29.11.2011 https://hcservices.ecourts.gov.in/hcservices/