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2013 DIGILAW 3038 (MAD)

P. Saraswathi v. G. T. K. Textiles (P) Ltd. , rep. by its Joint Managing Director R. Ravindran Coimbatore

2013-08-26

K.RAVICHANDRA BAABU

body2013
Judgment : 1. This civil revision petition is filed as against the order passed in E.A.No.2/2013 in E.A.No.48 of 2008 in E.P.No.30 of 2005 in O.S.No.212 of 2004 on the file of the I Additional District Judge, Erode. 2. The petitioner herein is the petitioner in the above E.A.No.2/2013 filed for reopening the E.A.No.48 of 2013. The said E.A.No.48/2013 is filed by the petitioner to conduct enquiry in the matter and to recognise the share of the petitioner in the subject matter of the execution petition and for dismissing the execution petition as defective in material particulars and on the ground of non-inclusion of the petitioner as a party to the proceedings. The said E.A.No.48/2013 was taken up and after examination of P.W.1, R.W.1 and R.W.2 on both sides and marking of Exs.P1 to P9, arguments were heard and the matter was posted for orders on 08.01.2013. At that stage, the present application was filed by the petitioner seeking for reopening of E.A.No.48/2013. The court below allowed the application subject to a condition of payment of Rs.10,000/-as cost to the first respondent herein. Aggrieved against the imposition of the cost alone, the present civil revision petition is filed by the petitioner. 3. Heard the learned counsels appearing on either side. 4. It is seen that the present application in E.A.No.2/2013 has been filed only for reopening of the E.A.No.48/2013. In the said application, it is seen that the learned counsel for the first respondent has made an endorsement that the application can be allowed on terms. By taking note of the said endorsement, the court below has ordered cost of Rs.10,000/-. 5. Having gone through the order passed by the court below as well as the respective pleadings of the parties, I am of the view that the imposition of cost of Rs.10,000/- for allowing the application, is not proper and as the application is only for reopening of the matter, it would suffice if the quantum of cost is modified as Rs.2,000/-. 6. Accordingly, the civil revision petition is allowed, only to the extent of modifying the cost portion ordered by the court below as Rs.2,000/-(Rupees Two thousand only) instead of Rs.10,000/-. Thus, the cost of Rs.2,000/- shall be paid by the petitioner to the first respondent, within a period of two weeks from today. 6. Accordingly, the civil revision petition is allowed, only to the extent of modifying the cost portion ordered by the court below as Rs.2,000/-(Rupees Two thousand only) instead of Rs.10,000/-. Thus, the cost of Rs.2,000/- shall be paid by the petitioner to the first respondent, within a period of two weeks from today. The court below shall take up E.A.No.48/2013 and dispose of the same within a period of 30 days from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed.