Madras High CourtCRP/166/2018disposed of

S.N. Thiagarajan v. T. Ashok Kumar

2018-01-23Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD).No.166 of 2018 1.S.N.Thiagarajan 2.T.Manivannan 3.T.Ravindran 4.T.Rajkumar .. Petitioners Vs 1.T.Ashok Kumar 2.T.logeeswaran 3.M/s.Park Town Benefit Fund Ltd., No.P-995, Second Avenue, Anna Nagar, Chennai-40 .. Respondents PRAYER Civil Revision Petition is filed under Article 227 of the Constitution of India seeking to dispose of the OS.No.4351 of 2012 within a stipulated time pending before the V Additional City Civil Court, Chennai.

For Petitioners : Mr.C.Shankar

O R D E R

According to the revision petitioners, respondents 1 and 2 have filed a suit in OS.No.4351 of 2012. Originally respondents 1 and 2 have filed a suit in CS.No.439 of 2006 before this Court for recovery

of possession. Thereafter, the aforesaid suit has been transferred to V Additional City Civil Court, Chennai and re-numbered as 4351 of 2012. The revision petitioners have filed the present Civil Revision Petition for early disposal of the said suit.

2. The learned counsel for the revision petitioners would submit that in the aforesaid suit, an application in IA.No.2096 of 2017 has been filed by the respondents to implead the proposed parties, which is now pending before the court below and the aforesaid application has been posted today for orders. Therefore, after disposal of the said application, there is no legal impediment to dispose of the said suit and hence requests this Court to direct the court below to dispose of the said suit within the time frame as may be fixed by this Court.

3. In view of the facts of the case and the submissions made by the learned counsel for the revision petitioners, taking into consideration that the suit has been filed in the year of 2006 originally and the same is pending for nearly twelve years, this Court is inclined to direct the V Additional City Civil Court, Chennai to dispose of the application in IA.No.2096 of 2017 as expeditiously as possible and

thereafter, the court below is directed to dispose of the suit in OS.No.4351 of 2012 in accordance with law within a period of six months from the date of passing order in the application in IA.No.2096 of 2017.

4. The Civil Revision Petition is disposed of with above directions. No costs.

23.01.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No lok

D. KRISHNAKUMAR J., lok To The V Additional City Civil Court, Chennai.

CRP(PD).No.166 of 2018 23.01.2018