Annapu v. Ramadoss

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.253 of 2024 Annapu ... Petitioner Vs.

1.Ramadoss

2. Dhanabakiyam

3. Anbazhagan

4. Arumugam ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Principal District Munsif, Virudhachalam to dispose the suit in O.S.No.136/2014, within a time frame, as fixed by this Court.

For Petitioner : Mr.B.Jayashree

ORDER

This Civil Revision Petition has been filed to direct the learned Principal District Munsif Virudhachalam, to dispose of the O.S.No.136/2014

within a time frame, as fixed by this Court.

2. The petitioner herein is the first defendant and the respondents 1 and 2 are the plaintiffs in the above said suit in O.S.No.136/2014. The plaintiffs have filed the above suit against the defendants 1 to 3 seeking declaration of their title over the suit property and consequent permanent inunction. The case records shows that the suit was pending from 6.11.2014 to 10.02.2014 for exparte evidence and thereafter, the case was restored on 11.08.2023. Subsequently, from 22.09.2023 to 05.01.2024, the case was pending for framing issues. In such circumstances, the petitioner sought direction of this Court to the learned Trial Judge, to dispose of the above case, within a time frame, as fixed by this court.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the cases in the above Court is 225.

5. Considering the pendency of the cases and also taking note of the fact that the suit is of the year 2014 and is pending for framing issues, for such a long period as stated supra, without any progress, the learned Principal District Munsif, Virudhachalam is directed to dispose of the O.S.No.136/2014, within six months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

21.02.2024 Index:Yes/No Internet:Yes/No mst To

The Principal District Munsif, Virudhachalam.

V.SIVAGNANAM , J.

mst CRP No.253 of 2024 21.02.2024