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2017 DIGILAW 2644 (MAD)

Vijayalakshmi v. Ramakrishnan

2017-08-16

T.RAVINDRAN

body2017
ORDER : 1. Seeking for a direction to the Court below to dispose of I.A.No.729 of 2016 in O.S.No.151 of 2009 within a time frame to be fixed by this Court, the present civil revision petition has been preferred under Article 227 of the Constitution of India. 2. It is found that the above said application has been filed to condone the delay of 1194 days in filing the application to set aside the ex parte decree passed against the revision petitioner / defendant. It is found that the respondent / plaintiff put the decree obtained by him in execution and it is found that delivery has also been ordered in the matter. 3. According to the revision petitioner, the Court below, instead of taking up her application above mentioned, is rushing up the execution petition preferred by the respondent / plaintiff, therefore, the civil revision petition has been preferred invoking the Article 227 of the Constitution of India. 4. As seen from the materials placed, there is no impediment on the part of the Court below to proceed with the execution proceedings preferred by the respondent / plaintiff. No doubt, the revision petitioner has preferred the application to condone the delay. It is further found that the Court below is endeavouring to dispose of the matter in accordance with law. 5. In support of his contentions, the learned counsel for the revision petitioner placed reliance upon the order of this Court, dated 29.04.2014, passed in C.R.P. (NPD) (MD) Nos.947, 948, 953 of 2014 and 954 of 2013 [Christy and another vs. Asir Robert Kigh]. The principles of law outlined in the above said decision are taken into consideration and followed as applicable to the facts and circumstances of the case at hand. 6. Considering the facts and circumstances of the case and also the fact that the already the Court below has been impressed in taking all the old cases and other specific cases on priority basis and to dispose of the same in accordance with law, I am not inclined to grant any specific direction to the Court below to dispose of the above said application on priority basis. 7. Resultantly, the civil revision petition is dismissed. Consequently, connected civil miscellaneous petition is closed.