Madras High CourtCRP/2356/2017disposed of

B.Arivukodi v. P.Kalaiselvi

2017-07-20Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD).No.2356 of 2017 B.Arivukodi ... Petitioner vs.

1.P.Kalaiselvi 2.S.Kanchana 3.P.Sathiya 4.P.Nishanthi 5.P.Nivetha 6.D.Chandrammal 7.S.Rama Ashokan 8.V.Allirani 9.P.Vishwanathan ... Respondents This Civil Revision Petition filed under Article 227 of the Constitution of India, to issue necessary direction to the Additional District Munsif Court, Vaniyambadi to expedite the trial and disposal of O.S.No.120 of 2013 pending on the file of the District Munsif Court, Vaniyambadi within the time framed by this Court. For Petitioner : Mr.Nathan and Asso.

O R D E R

This Civil Revision Petition is filed by the petitioner, seeking a direction to the Additional District Munsif Court, Vaniyambadi to expedite the trial and disposal of the suit in O.S.No.120 of 2013.

2. Heard the learned counsel for the petitioner.

3. Originally the Additional District Munsif Court has decreed the suit in favour of the petitioner and the respondents 1 to 5. Against which, the 7th respondent/2nd defendant has filed an appeal and the same was remanded back to the District Munsif, Court,Vaniyambadi, for disposal of the suit in O.S.No.120 of 2013, within a period of three months. Now the petitioner is before this Court by way of present civil revision petition.

4. It is seen from the records that the direction given by the lower appellate Court to dispose of the suit within a period of three months, is very reasonable and the same is confirmed. However, it is the grievance of the petitioner that taking advantage of the order passed by

the appellate court in A.S.No.53 of 2015, the respondents / defendants seek to dispossess the petitioner. This Court is not inclined to express any opinion on the merits of the case. In view of the age of the petitioner, it is contended that the suit has to be disposed of at the earliest.

5. Accordingly, a direction is given to the learned District Munsif Court, Vaniyambadi, to dispose of the suit in O.S.No.120 of 2013, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

6. The Civil Revision Petition is disposed of with the above direction. No costs.

20.07.2017 kkd/tk To The Additional District Munsif Court, Vaniyambadi.

M.GOVINDARAJ, J.

kkd/tk C.R.P.(PD) NO. 2356 OF 2017 20.07.2017