Syed Safdar Ali v. M.A Majeed

SMT JUSTI CE T. RAJANI CI VI L REVI SI ON PETI TI ON No.2 3 0 2 of 2 0 1 8 ORDER:

This civil revision petition is filed by the petitioners seeking a direction to the Court below to dispose of the suit at an early date. 2.

Heard the counsel for the petitioners. None appears for the respondent in spite of notice.

3.

A perusal of the docket proceedings, on the basis of which the counsel for the petitioners seeks a direction to be given to the Court below to expedite the hearing of the suit, would show that the matter was being adjourned due to the absence of the plaintiffs' counsel on many occasions, after the issues were framed. There is an effective alternative remedy available to the petitioners, to file a petition before the Court below to advance the date of the hearing of the suit and expedite the trial. Hence, considering the above, this Court opines that the powers under Article 227 of the Constitution of India need not be exercised in this matter.

Hence, the civil revision petition is dismissed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed. There shall be no order as to costs.

__________ T. RAJANI, J August 24, 2018 DSK