The revision petitioner/appellant/defendant has filed this civil revision petition praying for issuance of a direction from this Court to be given to the learned District and Sessions Judge, Virudhunagar District at Srivilliputtur, to dispose of the I.A.No.482 of 2008 in Unnumbered A.S. of 2008, within a time frame to be determined by this Court.
2. According to the learned Counsel for the revision petitioner, an application as per Section 5 of the Limitation Act in I.A.No.482 of 2008 (delay excuse application) is pending before the learned first appellate authority ever since 24.11.2008 and now, the matter is dated for hearing on 09.06.2009, but E.P.No.85 of 2008 filed by the respondent/plaintiff/decree holder, comes for hearing on 24.04.2009.
3. It appears that the trial Court has passed the judgment in O.S.No.97 of 2005 dated 18.01.2007. It is not in dispute that the appeal has been preferred before the learned first appellate authority, viz., the learned District and Sessions Judge, Virudhunagar District at Srivilliputtur and the same is pending in lieu of the fact that Section 5 application in I.A.No.482 of 2008 is pending final consideration/adjudication of the concerned Court.
4. In view of the fact that the revision petitioner/appellant/defendant has preferred an appeal as against the judgment and decree passed in O.S.No.97 of 2005 dated 18.01.2007 on the file of the learned Subordinate Judge, Sivakasi, and taking note of the fact that an appeal is a continuation of proceedings in law, this Court, as a matter of prudence and as an equitable relief, directs the learned first appellate authority, viz., the learned District and Sessions Judge, Virudhunagar District at Srivilliputtur, to dispose of the Section 5 application in I.A.No.482 of 2008 in Unnumbered A.S. of 2008, within a period of three weeks from the date of receipt of a copy of this order and that the first appellate Court before disposing of the said I.A.No.482 of 2008 within the time frame determined by this Court, shall also direct the respondent/plaintiff to file his counter if not already filed and to report compliance to this Court without fail.
5. With the above direction, this civil revision petition is disposed of leaving the parties to bear their own costs. Resultantly, the connected Miscellaneous Petition is closed.
rsb To
1.District and Sessions Court, Virudhunagar District at Srivilliputtur.
2.The Assistant Registrar (Judicial), Madurai Bench of Madras High Court, Madurai. (To watch and report).