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2016 DIGILAW 1388 (MAD)

Sivasubramania Kathiriyasamy v. Pappu

2016-03-31

V.M.VELUMANI

body2016
ORDER : The Civil Revision Petition is filed to direct the learned learned District Munsif cum Judicial Magistrate Court No.I, Usilampatti to number the unnumbered I.A.No./2016 in I.A.No.354 of 2015 in O.S.No.159 of 2009 and dispose of the same on merits. 2. The revision petitioners are defendants 1 and 3, the respondents 1 to 5 are plaintiffs and the 6th respondent is the 2nd defendant in the suit. 3. The petitioners filed this Civil Revision Petition against the order of return of application dated 22.03.2016 filed by petitioners for stay of ex parte decree. 4. The respondents 1 to 5/ plaintiffs filed a suit in O.S.No.159 of 2009, on the file of District Munsif cum Judicial Magistrate Court No.I, Usilampatti. The revision petitioners filed unnumbered Interlocutory Application for stay of ex parte decree in I.A.No.354 of 2015 in O.S.No.159 of 2009, before the trial Court, for setting aside the ex parte order. The learned Judge returned the unnumbered Interlocutory Application for stay on the ground that the Civil Miscellaneous Appeal filed by the petitioners, against the order passed by the trial Court, is pending before Sub Court, Madurai. Against that order, the present revision is filed. 5. The learned counsel for the petitioners contended that the Civil Miscellaneous Appeal is filed against the dismissal of the application to set aside the order of ex parte preliminary decree. The petitioners have filed I.A.No.83 of 2016 to restore the final decree and the same is pending before the trial Court. The respondents are taking time for filing counter, for more than four occasions. Pending I.A.No.83 of 2016, the petitioners have filed the present application for stay of ex parte final decree. 6. I have heard the learned counsel appearing for the petitioner and perused the materials available on record. 7. In view of the contention of the learned counsel for the petitioners, the petitioners are directed to represent the application within a week from the date of receipt of a copy of this order. On such representation, the learned District Munsif cum Judicial Magistrate No.I, Usilampatti, is directed to number the same, if it is otherwise in order and hear the application along with I.A.No.83 of 2016 on merits and pass orders in accordance with law. 8. In the result, the Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.