Poovathal(Dead)Ambika v. Thangadurai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 23.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.350 of 2024 Poovathal (dead) Ambika ... Petitioner Vs.
Thangadurai ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned IV Additional District Judge, Coimbatore to dispose of the O.S.No.202 of 2023 within a time frame, as fixed by this Court. For Petitioner : Mr. K.Govi Ganesan
ORDER
This Civil Revision Petition has been filed to direct the learned IV Additional District Judge, Coimbatore to dispose of the O.S.No.202 of 2023 within a time frame, as fixed by this Court.
2. The petitioner herein is the second plaintiff and the respondent
herein is the defendant in the above said suit, which was filed for permanent injunction restraining the defendant from alienating the suit schedule property; and for direction, directing the defendant to return original Settlement deed No.7665/2009, registered before the Sub Registrar, Palladam to the plaintiff; and also for declaration, declaring that the cancellation of settlement deed, dated 05.10.2012 in doc.No.15651/2012 is legally valid. According to the petitioner, the respondent is wantonly dragging the matter, however, without considering the same, the learned Trial Judge, is granting adjournments liberally. Therefore, the petitioner sought direction of this court to the Trial Judge for speedy disposal of the case within a time frame.
3. The case details of the above suit shows that, it was pending for evidence from 11.09.2023.
4. 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."
5. 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 2,212.
6. Considering the pendency of the cases and also taking note of the fact that the suit is pending from 11.09.2023 for evidence, the learned IV Additional District Judge, Coimbatore is directed to dispose of the O.S.No.202/2023, as early as possible.
7. With the above direction, the Civil Revision Petition is disposed of. No costs.
23.02.2024 Index:Yes/No Internet:Yes/No mst To The IV Additional District Judge, Coimbatore.
V.SIVAGNANAM , J.
mst CRP No.350 of 2024 23.02.2024