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2014 DIGILAW 3414 (MAD)

Magui v. Marie Jaya

2014-09-17

S.VIMALA

body2014
Judgment : 1. The 15th defendant is the revision petitioner herein. 2. Defendants 2 to 7 have file an application in I.A.No.652 of 2011 in I.A.No.820 of 1999 in O.S.No.171 of 1980 on the file of the Court of Additional Sub Judge, Pondicherry, seeking allotment of properties which are remaining after allotment in favour of the plaintiff and defendants 22 to 28. 3. The I.A. has been filed after the passing of the final decree based upon the Commissioner's report. This application is stated to be pending from 12.2.2014 to 3.6.2014. 4. It is represented by the learned counsel for the revision petitioner that because of the pendency of this I.A., proceedings pursuant to the passing of the final decree are halted without any progress. It is also represented that the trial court did not pass any orders in the pending I.A. on the ground that a Review Petition had been filed along with an application to condone the delay. 5. Considering the facts and circumstances of the case, when there is no order of stay, there is no impediment to the trial court either to allow the petition or to dismiss the petition and it is not open to the court below to keep it pending without passing any orders. Therefore, the trial court is directed to pass further orders in the pending I.A. which is pending from 12.2.2014 to 3.6.2014, within a period of two weeks from the date of receipt of a copy of this order. 6. With this direction, the C.R.P. is disposed of. No costs.