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2010 DIGILAW 505 (MAD)

Karuppusamy Gounder & Another v. Thangavel

2010-02-03

M.JAICHANDREN

body2010
Judgment : 1. This Civil Revision Petition has been filed, to set aside the order, dated 23.12.2009, passed in Interlocutory Application No.1403 of 2009 in O.S.No.110 of 2002 on the file of the District Munsiff, Palladam. 2. The learned counsel appearing on behalf of the petitioners, had submitted that the defendants in the suit in O.S.No.110 of 2002 had filed Interlocutory Application No.1403 of 2009, praying that the said suit may be taken up for trial on 23.12.2009. However, the District Munsif, Palladam, had had erroneously returned the application filed by the petitioners, stating that it is infructuous. 3. At this stage of the hearing of the Civil Revision Petition, the learned counsel appearing on behalf of the petitioner had submitted that, it would suffice, if the District Munsif Court,Palladam is directed to take up the suit in O.S.No.110 of 2002 for trial, on merits and in accordance with law, within a period as specified by the Court. 4. The learned counsel appearing on behalf of the respondents in the present Civil Revision Petition had submitted that the respondents had filed the Interlocutory application before the Trial Court in Interlocutory Application No. 228 of 2010 to strike off written statements filed by the defendants in the suit and to proceed with the case, as per law and pass suitable orders thereon. He had also submitted that it is for the trial Court to take up the said Interlocutory Application and to dispose of the same, before the suit in O.S.No.110 of 2002 has taken up for trial and disposal. 5. In view of the submissions made by the learned counsel appearing on behalf of the parties concerned, this Court is of the considered view that, it would be appropriate to direct the District Munsif, Palladam , to take up the suit in O.S.No.110 of 2002 for Trial and to dispose of the same, on merits and in accordance with law, within a period of three months, from the date of receipt of the copy of this order. This Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.