1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION (NPD)No.184 of 2011 and MISCELLANEOUS PETITION No.2 of 2011 D.Rajan .. Petitioner Vs. C.Padmavathi .. Respondent Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the fair and decretal order dated 14.12.2010 passed in Interlocutory Application No.224 of 2010 in Civil Miscellaneous Appeal No.15 of 2010 by the Sub Court, Padmanabapuram. For Petitioner : Mr.K.P.Narayanakumar ORDER This Civil Revision Petition has been directed against the order passed in Interlocutory Application No.224 of 2010 in Civil Miscellaneous Appeal No.15 of 2010 by the Sub Court, Padmanabapuram. 2. The respondent herein as plaintiff has instituted Original Suit No.4 of 2006 on the file of the Principal District Munsif cum Judicial Magistrate's Court, Eraniel for the relief of recovery of possession, wherein an executable decree has been passed and the same has been put into execution in Execution Petition No.46 of 2008. In Execution Petition No.46 of 2008, an ex-parte order has been passed on 29.04.2010 against the revision petitioner/respondent/ defendant. In order to set aside the ex-parte order passed in Execution Petition No.46 of 2008, Execution Application No.33 of 2010 has been filed and the same has been dismissed. Against the dismissal order, Civil Miscellaneous Appeal No.15 of 2010 has been filed on the file of the Sub Court, Padmanabapuram. During pendency of the same, the present petition has been filed in Interlocutory Application No.224 of 2010 so as to stay all further proceedings. The Court below has dismissed the same. Against the dismissal order, the present Civil Revision Petition has been preferred. 3. Considering the nature of the order passed in Interlocutory Application No.224 of 2010 and also considering the pendency of Civil Miscellaneous Appeal No.15 of 2010 against the order passed in Execution Application No.33 of 2010, this Court is of the view that notice need not be sent to the respondent and the present Civil Revision Petition is disposed of on merits at the stage of admission. 4. It is an admitted fact that the respondent herein as plaintiff has instituted Original Suit No.4 of 2006 on the file of the Principal District Munsif cum Judicial Magistrate's Court, Eraniel for the relief of recovery of possession, wherein an ex-parte decree has been passed and the same has been put into execution in Execution Petition No.46 of 2008, https://hcservices.ecourts.gov.in/hcservices/ 2 wherein the present revision petitioner has remained ex-parte and in order to set aside the same, Execution Application No.33 of 2010 has been filed and the same has been dismissed. Against the dismissal order, Civil Miscellaneous Appeal No.15 of 2010 has been preferred on the file of the Court below and during pendency of the same, the petition in question has been filed in Interlocutory Application No.224 of 2010 for the relief sought for therein and the same has been dismissed. 5. Considering the fact that Civil Miscellaneous Appeal No.15 of 2010 has been preferred against the order passed in Execution Application No.33 of 2010, this Court is of the view to direct the Court below to dispose of Civil Miscellaneous Appeal No.15 of 2010 itself as indicated below. Under the said circumstances, the present Civil Revision Petition deserves to be dismissed. 6. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission. However the Sub Court, Padmanabapuram is strictly directed to dispose of Civil Miscellaneous Appeal No.15 of 2010 before 21.02.2011. Till then the Principal District Munsif cum Judicial Magistrate's Court, Eraniel is directed not to pass any order in Execution Petition No.46 of 2008. The Registry is strictly directed to send a copy of this order forthwith. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Padmanabapuram. 2.The Principal District Munsif cum Judicial Magistrate's Court, Eraniel. +1cc to Mr.K.P.Narayanakumar, Advocate SR.3831 smn SR : 04.02.2011 : 2p/4c C.R.P(NPD)(MD)No.184 of 2011 and M.P(MD)No.2 of 2011 https://hcservices.ecourts.gov.in/hcservices/