Madras High CourtCRP/884/2020disposed of

K.Jayaraman v. Y.Baskar

2020-03-05Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.03.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP No.884 of 2020

1. K.Jayaraman

2. T.Dayalan

3. V.Sakunthala

4. V.Ramesh

5. V.Geetha

6. T.Kannammal

...Petitioners

Vs.

1. Y.Baskar

2. J.Ramanathan

...Respondents/Defendants

Prayer:

This Civil Revision Petition filed under Section 227 of the Constitution of India for direction to the III Additional District Judge, Chengalpet, Kancheepuram District to conduct speedy Trial of the case in O.S.No.88 of 2015 pending on the file of the III Additional District Court, Chengalpet, Kancheepuram, and complete the same within the stipulated time. For Petitioners : M/s.S.Murugeswari

O R D E R

This petition has been filed for direction to the Trial court for speedy disposal of the suit in O.S.No.88 of 2015 pending on the file of the III Additional District Judge, Chengalpet, Kancheepuram.

2. The petitioners herein are the plaintiffs in the original suit in O.S.No.88 of 2015 on the file of the III Additional District Judge, Chengalpet, Kancheepuram and they have filed the suit for declaration and consequential permanent injunction.

According to the petitioners, the above said suit was pending for filing written statement from 30.09.2015 to 24.08.2016 and on 24.08.2016, the defendants were set exparte and then posted for exparte evidence. In the meanwhile, the 2nd https://hcservices.ecourts.gov.in/hcservices/

defendant filed a petition in I.A.No.304 of 2013, to set aside the exparte order passed against him and the same was dismissed. Again, the defendants filed another petition to restore the above said I.A.No.304 of 2013 with a delay of 428 days and subsequently, the said application was disposed. Thereafter Issues were framed on 05.10.2018 and the case was listed under the caption " Trial " from 13.12.2018 to 07.02.2020. Now, no application is pending, however, the case is pending without any progress. Hence this revision petition.

3. Inview of the submission made by the learned counsel appearing for the petitioner and also considering the limited scope of relief, this court is inclined to direct the Trial court to dispose the suit in O.S.No.88 pf 2015, as early as possible, if there is no legal impediment, within a period of 6 months from the date of receipt of the copy of this order.

4. With the above observation, this civil revision petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mst To The III Addiitonal District Judge, Chengalpet, Kanchieepuram District.

+1cc to Mr.M.Rebecca, Advocate, S.R.No.19625 CRP No.884 of 2020 RV(CO) KKV/21/05/2020 https://hcservices.ecourts.gov.in/hcservices/