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Madras High CourtCRP/1097/2024disposed of

Paresh K. Mehta v. Pankaj K. Mehta

2024-03-25Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.1097 of 2024 Paresh K.Mehta S/o.Kirtilalkalidas Mehta Director, Suraj Agro Infrastructure (India) Private Limited, No.114/B, Tahnee Heights, 66 Nepeansea Road, Mumbai Malabar Hill, Mumbai-400 006.

Maharashtra ... Petitioner Vs.

1.Pankaj K.Mehta 2.Kaushik K.Mehta (2nd respondent being one of the plaintiff is given up in the above civil revision petition)

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the learned IV Additional District and Sessions Judge, Coimbatore to dispose of I.A.No.5 of 2022 in O.S.No.913 of 2021 on the file of IV Additional District and Sessions Court, Coimbatore expeditiously within the time fixed by this Court.

For Petitioner :Mr.P.Saravana Sowmiyan 1/4

ORDER

The Civil Revision Petition is filed seeking a direction to learned IV Additional District and Sessions Judge, Coimbatore to dispose of I.A.No.5 of 2022 in O.S.No.913 of 2021within the time fixed by this Court.

2. In view of the limited prayer made in this revision, this Court is inclined to dispose of the same even without notice to the respondents.

3. The petitioner herein filed a suit for declaration and injunction. The 1st respondent herein filed an application for rejection of the plaint in I.A.No.5 of 2022 and the same is pending for the past two years.

4. A perusal of the E-Court status furnished in the typed set of papers would suggest that arguments in the I.A.No.5 of 2022 was heard in July 2023 itself and thereafter, it was re-opened suo moto on 21.08.2023. Again, after hearing of the arguments, the I.A.No.5 of 2022 was re-opened suo moto on 14.12.2023 and the matter is pending at the stage of arguments till today. 2/4

5. In view of the fact the petition for rejection of the plaint has been pending for the past two years, this Court is inclined to issue a direction to the Trial Court to dispose of the I.A.No.5 of 2022 as expeditiously as possible.

6. With this direction, this Civil Revision Petition stands disposed of. No costs.

25.03.2024 Index : Yes / No Internet : Yes / No nr To The IV Additional District and Sessions Judge, Coimbatore. 3/4

S.SOUNTHAR , J.

nr CRP.No.1097 of 2024 25.03.2024 4/4