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2011 DIGILAW 4812 (MAD)

Chettiannan v. Selvam

2011-12-14

R.SUDHAKAR

body2011
Judgment :- 1. This Civil Revision Petition is filed challenging the order and decreetal order dated 20.10.2011 passed in I.A.No.429 of 2011 in O.S.No.116 of 2008 on the file of the Additional District Munsif Court, Tiruchengode. 2. Plaintiff is the revision petitioner. The revision petitioner filed the suit O.S.No.116 of 2008 for permanent injunction. The suit came to be decreed ex parte on 3.11.2008. Thereafter, with a delay of 614 days, the respondent/defendant filed I.A.No.429 of 2011 to condone the delay in filing the application to set aside the ex parte decree. Such application was resisted by the revision petitioner. However, the court below allowed the application on payment of cost of Rs.2,000/-holding that the prejudice that will be caused to the revision petitioner/plaintiff can be compensated by way of cost, taking note of the fact that the suit is for permanent injunction as against the respondent/defendant in respect of the user of a cart track situate between the lands of the revision petitioner and the respondent herein. 3. At this point of time, this Court is not inclined to interfere with the order of the Court below which has exercised its discretion in allowing the application on payment of costs. However, as pleaded by the learned counsel for the revision petitioner, the court below is directed to dispose of the pending application filed under Order 9 Rule 13 CPC and proceed with the suit expeditiously without causing further delay or prejudice to the revision petitioner. 4. The Civil Revision Petition is disposed of as above. Consequently, connected miscellaneous petition is closed.