Madras High CourtCRP/1424/2017allowed

Vijayalakshmi v. Pappathi

2017-04-18Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1424 of 2017 Vijayalakshmi .. Petitioner Vs.

1.Pappathi 2.Mohan 3.Srinivasan 4.Palanivel 5.Ponnusamy 6.Sugavathi 7.The Tahsildar Namakkal Mohanur road Namakkal Town and Taluk Namakkal District.

8.The Assistant Engineer (O&M) TNEB, Keerampur-637207 Namakkal Taluk and District.

Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge,

Namakkal, to dispose of the suit in O.S.No.95 of 2013 at an early date.

For Petitioner : Mr.P.Valliappan

ORDER

This Civil Revision Petition is filed seeking a direction to the learned Subordinate Judge, Namakkal, to dispose of the suit in O.S.No.95 of 2013 at an early date.

2. The petitioner is the first defendant, respondents 1 to 3 are the plaintiffs and the respondents 4 to 8 are the defendants 2 to 6 in O.S.No.95 of 2013. The suit is one for cancellation of sale deed dated 18.08.2010 in favour of the second defendant and the same will not bind the plaintiffs in respect of the suit property and for other consequential declarations. The petitioner/first defendant filed a written statement on 19.08.2013. The defendants 2 to 4 were set exparte on 19.04.2013 and the defendants 5 and 6 were set exparte on 02.12.2013. The issues were framed on 05.04.2014, the suit was posted for trial on 18.08.2014 and from that day onwards, the suit is kept pending without any progress. In the

circumstances, the petitioner has come out with the present civil revision petition, for early disposal of the suit.

3. Heard the learned counsel appearing for the petitioner.

4. Having regard to the submissions made by the learned counsel for the petitioner, considering the limited prayer sought for in the civil revision petition and since the suit is pending from the year 2013, without expressing any opinion with regard to the merits of the matter, I direct the learned Subordinate Judge, Namakkal, to dispose of the suit in O.S.No.95 of 2013, on merits and in accordance with law, as expeditiously as possible, in any event, not later than 30th September 2017.

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

18.04.2017 kj Index:Yes/No

V.M.VELUMANI,J.

kj To The Subordinate Judge, Namakkal.

C.R.P.(PD)No.1424 of 2017 18.04.2017 http://www.judis.nic.in