Madras High CourtCRP/889/2024allowed

R.James Paul v. Moshe Isaac Kishore

2024-03-13Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM R.James Paul ... Petitioner Vs.

1.Moshe Issac Koshore 2.Golda Robinson ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to dispose of OS No.4638 of 2021 within a stipulated time pending before the II Assistant City Civil Court, Chennai. For Petitioner : Mr.C.Shankar

O R D E R

The civil revision petition is filed to dispose of OS No.4638 of 2021 within a stipulated time pending before the II Assistant City Civil Court, Chennai.

2. The petitioner is the plaintiff and respondent is the defendants in OS No.4638 of 2021 on the file of the II Assistant City Civil Court, Chennai. The petitioner/plaintiff has filed the said suit for permanent injunction. The suit is pending from 2021. Presently, the case is posted for evidence. In such circumstances, the petitioner has filed this present civil revision petition for a direction to the Trial Judge to dispose of the case within a time frame.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the II Assistant City Civil Court, Chennai is 10376 cases.

5. Considering the total pendency of the cases and also taking note of the fact that the above petition was filed in the year 2021, the II Assistant City Civil Court, Chennai, is directed to dispose of the OS No.4638 of 2021, as early as possible.

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 II Assistant City Civil Court, Chennai.

V.SIVAGNANAM , J.

(mrn) 13.03.2024