R.Marimuthu v. R.Balakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(PD) No.1139 of 2015 And M.P.No.1 of 2015 1.R.Marimuthu 2.Gomathiyammal ... Petitioners Vs.

1.R.Balakrishnan 2.Ponvel 3.Ramadevi ... Respondents Prayer:

Petition filed under Article 227 of the Constitution of India praying to set aside the judgment and decree dated 28.04.2014 made in I.A.No.184 of 2013 in O.S.No.37 of 2013 on the file of the Court of the learned Subordinate Judge, Udumalpet.

For Petitioners : Mr.N.Umapathi For Respondents : Mr.P.Gopalakrishnan

O R D E R

The petitioners are the defendants 1 and 2 in the suit in O.S.No.37 of 2013. The first respondent/ plaintiff filed the suit in O.S.No.37 of 2013 for declaration and permanent injunction. Pending suit, the petitioners filed petition under Order 7 Rule 11 of C.P.C., for rejection of plaint. The said petition was dismissed, against which, the present revision petition has been filed.

2.The learned counsel for the petitioners submits that it would suffice that if this Court issues a direction to the Trial Court to complete the trial within a period of six months. 3.The learned counsel for the respondents also concede the request made by the learned counsel for the petitioners. 4.In view of the above, this Court directs the learned Subordinate Judge, Udumalpet, to complete the trial in O.S.No.37 of 2013 and dispose of the same, within a period of six months from the date of receipt of a copy of this order. The parties are granted liberty to raise all the issues before the Trial Court. 5.The civil revision petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is also closed. 09.04.2019 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Subordinate Judge, Udumalpet.

M.DHANDAPANI,J.

pri C.R.P.(PD) No.1139 of 2015 And M.P.No.1 of 2015 09.04.2019