1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.289 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Pappa .. Petitioner Vs. 1.Vanitha 2.Velumani 3.Vennila 4.Eswari 5.latha .. Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 03.02.2011 passed in Interlocutory Application No.26 of 2011 in Appeal Suit No.3 of 2010 by the Principal Sub Court, Karur. For Petitioner : Mr.D.Nallathambi ORDER The impugned order dated 03.02.2011 passed in Interlocutory Application No.26 of 2011 in Appeal Suit No.3 of 2010 by the Principal Sub Court, Karur is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.629 of 2007 on the file of the trial Court praying to pass a money decree, wherein the present respondents have been shown as defendants. The trial Court has dismissed the suit. Against the Judgment and decree passed by the trial Court, Appeal Suit No.3 of 2010 has been preferred on the file of the Court below. During pendency of the same, Interlocutory Application No.26 of 2011 has been filed for getting adjournment and the Court below has directed the appellant to advance her argument on or before 15.12.2011, otherwise the appellant should deposit Rs.5,000/-. Against the order passed by the Court below, the present Civil Revision Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 3. As stated earlier, Appeal Suit No.3 of 2010 has been preferred on the file of the Court below against the Judgment and decree passed in Original Suit No.629 of 2007, which has been instituted for getting a money decree. Considering the nature of the relief sought for in Original Suit No.629 of 2007 and also considering the fact that the same has been dismissed by the trial Court and against the Judgment and decree passed by the trial Court Appeal Suit No.3 of 2010 has been preferred on the file of the Court below and the same is pending for a long time, this Court is of the view to give necessary direction to the Court below to dispose of Appeal Suit No.3 of 2010 and ultimately the impugned order passed by the Court below in Interlocutory Application No.26 of 2011 is liable to be set aside. 4. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.26 of 2011 in Appeal Suit No.3 of 2010 by the Principal Sub Court, Karur is set aside and the Principal Sub Court, Karur is directed to dispose of appeal Suit No.3 of 2010 before the end of March, 2011 and report the same to the Registry without fail. Both the revision petitioner/appellant and the respondents/ respondents should give their unstinted support to the Court below for disposing of Appeal Suit No.3 of 2010 without seeking unnecessary adjournments. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar To The Principal Sub Judge, , Karur. Copy to:- The Section Officer, Judicial , Madurai Bench of Madras High Court, Madurai (For Watching the Report) smn rl/3c – 28.2.2011 C.R.P(PD)(MD)No.289 of 2011 and M.P(MD)No.1 of 2011 15.02.2011 https://hcservices.ecourts.gov.in/hcservices/