Madras High CourtCRP/429/2024disposed of

S.K.Balasingam v. Merit Gold Covering Jewellarys

2024-02-14Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 14.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.429 of 2024 S.K.Balasingam ...

Petitioner Vs.

M/s.Merit Gold Covering Jewellerys Rep. by Mrs.Nallammalgani Begum, W/o. Late M.Idiris, New No.57, Old No.26, Purasawakkam High Road, Chennai - 600 007.

...

Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the XV Small Causes Court, Chennai, to dispose of the pending petition vide RLTOP No.402 of 2020 within a time frame by allowing the present Civil Revision Petition. For Petitioner : Mr. R.Karthikeyan

ORDER

This civil revision petition has been filed to direct the XV Small Causes Court, Chennai, to dispose of the pending petition vide RLTOP No.402 of 2020 within a time frame that may be fixed by this Hon'ble Court.

2. Heard the learned counsel appearing for the petitioner.

3. On perusal of the materials, it is noticed that the petition in RLTOP No.402 of 2020 is pending for more than 3 years and it is reached the stage of arguments. On verification through e-filing, it is also noticed that the total pendency of cases in the trial Court is 6850. In such circumstances, the petitioner sought direction of this court to the Trial Judge to dispose the case within a time frame, hence, the present civil revision petition.

4.The Hon'ble Supreme Court in W.P.No.587/2023, dated 10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra held 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.Considering the pendency of the case before the trial Court and the decision of the Hon'ble Supreme Court in W.P.No.587/2023, dated 10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra, no time bound order can be passed for disposal of the case. However, considering the fact that since the petitioner is a senior citizen, this Court directs the learned XV Judge, Small Causes Court, Chennai, to dispose of the case in RLTOP No.402 of 2020 as early as possible after affording opportunity to both the parties. 6.With the above direction, the Civil Revision Petition is disposed of. No costs.

Index:Yes/No 14.02.2024 Internet:Yes/No srm

V.SIVAGNANAM , J.

srm To The XV Small Causes Court, Chennai.

CRP No.429 of 2024 14.02.2024