K.P.Balan v. B.Premkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
1. K.P.Balan
2. Preethi Suresh ... Petitioners in both CRPs Vs
1. B.Premkumar
2. Suresh Babu Kidav
3. G.Vimala
4. M/s.Natheela Jewelleres 77/28, N.H.Bye Pass Road Opp. to Bus Stand, Hosur - 635 109.
5. The Sub Registrar, Omalur, Salem District.
6. The Sub Registrar, Hosur, Krishnagiri District.
... Respondents in both CRPs 1/4
Common prayer: The Civil Revision petitions filed under Article 227 of Constitution of India, praying to direct the I Additional District Court Salem to pass orders in the two memos dated 27.01.2017 filed by the petitioners seeking a preliminary decree in O.S.No.232 of 2016. For Petitioners in both CRPs :Mrs.Hema Sampath, Senior Counsel for Mrs.R.Meenal For Respondents in both CRPs : No appearance (for R1) COMMON ORDER Though served, the plaintiff who is the 1st respondent is not appearing either in person or through counsel duly instructed. Service in other respondents is deemed unnecessary in view of the limited prayer sought for.
2. The grievance of the petitioners is that the memos filed by them, partially admitting the claim of the plaintiff, seeking an interim preliminary decree, are kept pending for nearly three years. The counsel for 2/4
the petitioners has produced the "A" Diary extract in the suit which justifies the claim of the petitioners.
3. Without going into the merits of the rival claims, I direct the learned I Additional District Judge, Salem to dispose of the two memos dated 27.01.2017 within a period of four weeks from the date of receipt of a copy of this order.
4. With the above direction, both the Civil Revision petitions are disposed of. No costs.
09.12.2020 Note:
Registry is directed to forward the copy of this order to the I Additional District Judge, Salem, forthwith.
Time bound order vum Index: Yes/No Speaking order / Non speaking order To:
The I Additional District Court, Salem.
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R.SUBRAMANIAN, J.
vum 09.12.2020 4/4