Madras High CourtCRP/1187/2017allowed

G.Rathinammal v. K.Kulandaiammal

2017-04-10Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1187 of 2017 G.Rathinammal ... Petitioner/Plaintiff Vs.

1.K.Kulandaiammal 2.R.Kumarasamy 3.K.Mylsamy 4.K.Subramaniam 5.K.Duraisamy ... Respondents/Defendants Civil Revision Petition filed under Article 227 of the Constitution of India, to issue a direction to the District Munsif Judge at Palladam to expeditiously dispose off the suit in O.S.No.112 of 2013 within a time frame.

For Petitioner : Mr.K.Myilsamy

O R D E R

This Civil Revision Petition has been filed seeking a direction to the District Munsif Judge at Palladam to expeditiously dispose off the suit in O.S.No.112 of 2013 within a time frame.

2. The petitioner is the plaintiff and the respondents are the defendants in O.S.No.112 of 2013 filed before the District Munsif Judge at Palladam.

3. The suit in O.S.No.112 of 2013 has been filed by the petitioner/plaintiff for declaration declaring that the plaintiff is having half right in the common well, common pathway, vari, vaikal, motor pump set and granting permanent injunction in anyway obstructing and interfering with the enjoyment of the plaintiff's half right in the suit properties.

4. The learned counsel for the petitioner submitted that though the respondents have already filed the written statement, issues were also framed and the suit is posted for trial, the suit was unnecessarily adjourned periodically without conducting the trial. In the circumstances, the petitioner has come out with the present civil revision petition, for early disposal of the suit.

5. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

6. Taking into consideration the limited prayer sought for in the civil revision petition and the fact that the suit is pending from the year 2013, without expressing any opinion with regard to the merits of the matter, the learned District Munsif, Palladam is directed to dispose of the suit in O.S.No.112 of 2013, on merits and in accordance with law, as expeditiously as possible, in any event, not later than 30th September 2017.

7. The Civil Revision Petition is disposed of with the above direction. No costs.

10.04.2017 Speaking/Non-Speaking order Index :Yes/No rgr To The District Munsif, Palladam.

V.M.VELUMANI,J.

rgr C.R.P.(PD)No.1187 of 2017 10.04.2017 http://www.judis.nic.in