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Madras High CourtCRP/867/2024allowed

Dr.Raziya v. Katheeja Bee

2024-03-13Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Dr.Raziya ... Petitioner Vs.

1.Katheeja Bee (deceased) 2.Rashidkhan (deceased) 3.Pavadai 4.Mahboob Beevi @ Norjahan 5.Sajahan 6.Rajabunnissa 7.Piyaribegum ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the District Munsif Chief Judicial Magistrate Judicial Magistrate, Thiruvennainallur, Villupuram District to dispose of EP No.35 of 2023, pending on the file of the District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District, within a time-frame. For Petitioner : Mr.K.Murali

O R D E R

The civil revision petition is filed to direct the District Munsif Chief Judicial Magistrate Judicial Magistrate, Thiruvennainallur, Villupuram District to dispose of EP No.35 of 2023, pending on the file of the District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District, within a time-frame.

2. The petitioner/plaintiff has filed the suit in OS No.378 of 2007 on the file of the District Munsif at Ulunderpet and the same was decreed in favour of the petitioner. Hence, the petitioner has filed EP No.3 of 2023. Subsequently, it was transferred to the file of the learned District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District and renumbered as EP No.35 of 2023. Now it is pending for counter. According to the petitioner, the said petition is pending from the year 2023. Hence, the petitioner has filed the present civil revision petition for a direction to the learned District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District, to dispose of the said petition within a time frame.

3. Learned counsel for the petitioner submits that the case is periodically adjourned for filing counter. Hence, seeking to allow the Revision.

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

5. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the learned District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District, is 93 cases.

5. Considering the nature of the proceedings and also the total pendency of the cases, the learned District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District, is directed to dispose of EP No.35 of 2023, within a period of four months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is allowed. There shall be no order as to costs.

13.03.2024 Index: Yes/No Internet: Yes/No mrn To The District Munsif cum Judicial Magistrate, Thiruvennainallur, Villupuram District

V.SIVAGNANAM , J.

(mrn) 13.03.2024