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Madras High CourtCRP/91/2025dismissed

S.Venkateswaralu v. J Kamaleeswari

2025-02-04Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.91 of 2025 S.Venkateswaralu

...Petitioner

Vs.

1.J.Kamaleeswari 2.J.Vinayak

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to directing the XV Additional Judge, City Civil Court, Chennai, to dispose O.S.No.5248 of 2024 within stipulated time by allowing this Revision Petition.

For Petitioner : Mr.C.Prakasam 1/4

ORDER

The plaintiff has invoked the superintending jurisdiction of this Court under Article 227 of the Constitution of India seeking an early disposal of O.S.No.5248 of 2024 pending on the file of XV Additional Judge, City Civil Court, Chennai. 2.The above suit has been filed by the petitioner/plaintiff for recovery of a sum of Rs.35,58,940/- and for an injunction restraining the defendants, their men, agents or servants or anyone claiming from or under their from in any manner interfering with the peaceful possession and enjoyment of the suit schedule property. The plaintiff would claim that he has entered into rental agreement with the defendants during 2011 and as per the agreement rent of Rs.50,000/- and an advance amount of Rs.7,00,000/- was fixed for entire portion of the property. However, only an extent of 780 sq.

ft was taken on lease and a sum of Rs.35,000/- was paid to the first defendant. The plaintiff would submit that he had spent huge amounts for developing the property towards electrical works, false ceiling, flooring, paver block laying, kitchen tiles etc. Plaintiff would submit that he has paid a sum of Rs.

the defendants. The suit has been filed on 19.08.2024. The notes of proceedings would indicate that till date service on the defendants had not been completed. While so, plaintiff has come forward with this Civil Revision Petition for early disposal of the suit. Without serving the defendants and receiving their written statement an early disposal of the suit as prayed for cannot be granted. 3.Accordingly, the Civil Revision Petition is dismissed. No costs. 04.02.2025 ep Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To XV Additional Judge, City Civil Court, Chennai, 3/4

P.T.ASHA, J., ep C.R.P.No.91 of 2025 04 .02.2025 4/4