M CHINNAPPAN Vs. P SHANMUGAM

JUDGEMENT

(1.) THE revision petitioners have preferred this civil revision petition praying for issuance of an order of this Court in directing the learned Sub Judge, Pattukottai, to dispose of the send for memo petition filed on 26.09.2008 in M.C.O.P. No. 97 of 1985 within the stipulated period.

(2.) ACCORDING to the learned Counsel for the revision petitioners, the first revision petitioner is the second claimant in M.C.O.P. No. 97 of 1985 on the file of the learned Sub Judge, Pattukottai and that an award of Rs. 2,40,000/- (Rupees Two Lakhs and Forty Thousand only) has been passed in favour of the first revision petitioner and others, and further that, the first revision petitioner and others have received 1/4th of the decreetal amount from the trial Court immediately after passing of the award and that in A.A.O.812 to 829 of 1986, the Insurance Company has received half of the amount deposited before the learned Sub Judge, Pattukottai and that the petitioners have filed a send for memo petition for transferring their claim amount which has been deposited in the State Bank of India, Vettikadu Branch to the Court deposit for filing an appropriate application to withdraw the said amount, on 26.09.2008, but the Tribunal viz., the learned Sub Judge, Pattukottai, has not disposed of the send for memo petition and that he has given a complaint before the Registrar (Judicial), Madurai Bench of Madras High Court, on 16.12.2008 and that the same has been sent to the learned Principal District Judge, Thanjavur, for taking appropriate action in regard to the missing of the bundle in the Sub Court, Pattukottai and that on 22.01.2009, the learned Sub Judge, Pattukottai has issued a notice to the first revision petitioner to appear before him on 29.01.2009 at about 04.00 p. m for proper disposal of the petitioner's complaint, but so far the learned Sub Judge, Pattukottai has not disposed of the send for memo petition filed on 26.09.2008 and that the first revision petitioner is a Senior Citizen unable to travel long distance and therefore, prays for allowing the civil revision petition in directing the learned Sub Judge, Pattukottai, to dispose of the send for memo filed on 26.09.2008 in M.C.O.P. No. 97 of 1985 within a fixed time to be determined by this Court.

(3.) THE learned Sub Judge, Pattukottai, in his report dated 16.04.2009, addressed to this Registry has stated that 'the entire bundle in M.C.O.P. No. 97/85 on the file of this Court has been traced out today and the case records have mingled with other disposed case bundles and on perusal of the connected records, Rs. 6,35,125/- has been invested in F.D.R. No. 258821 in the State Bank of India, Vettikadu Branch and the date of maturity is on 11.03.2009 and the amount is reinvested and that the interest amount of Rs. 1,09,153/- in F.D.R. No. 515581 in State Bank of India, Vettikadu Branch and the date of maturity is 03.07.2009 and that send for memo is ordered today to send for the amount from the State Bank of India, Vettikadu Branch after the bundle has been traced out and that as soon as the amount is received from the State Bank of India, Vettikadu Branch, the petitioner is entitled to file cheque petition' and has marked the copy to the Principal District Judge, Thanjavur.