Chinnapillai, v. Senguttuvan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.06.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD)No.1819 of 2018 Chinnapillai ... Petitioner Vs.

1. Senguttuvan

2. Seetha

3. District Collector, O/o. District Collector, Ariyalur, Ariyalur District.

4. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Ariyalur, Ariyalur District.

5. The Revenue Tahsildar, Ariyalur, Ariyalur District.

6. The Sub Registrar, Registration Department, Vikkiramangalam, Udayarpalayam Taluk, Ariyalur District.

... Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking for direction for speedy disposal of suit in O.S.No.312 of 2013 pending on the file of the learned Additional District Munsif, Ariyalur.

For Petitioners : Mr.G.Padmanapan

ORDER

The civil revision petition has been filed seeking direction of this Court for speedy disposal of O.S.No.312 of 2013 pending on the file of the learned Additional District Munsif, Ariyalur. The petitioner herein is 2nd defendant, 1st respondent is plaintiff, 2nd respondent is 1st defendant and respondents 3 to 6 are defendants 3 to 6 in the original suit in O.S.No.312 of 2013. The 1st respondent/plaintiff filed a suit for declaration and injunction, in which the defendants filed written statement in the year 2014 itself. Trial has been commenced and the matter was posted for cross examination of plaintiff's side witness and 1st respondent/plaintiff dragging the proceedings without appearing before the trial Court. Hence the revision petitioner prays for speedy disposal of the suit in O.S.No.312 of 2013 pending on the file of the learned Additional District Munsif, Ariyalur.

Heard the learned counsel appearing for the revision petitioner and perused the materials available on record.

On a perusal of the records it reveal that the suit is of the year 2013 and the case was frequently adjourned for cross examination of plaintiff's side witness. The trial Court is not justified in adjourning the matter without valid reason.

No doubt, prolonging and protracting the suit will certainly cause serious prejudice to the parties who is being affected. Disposal of the case within the reasonable time is principles of natural justice and at any point of time, it should not be violated. Hence the trial Court is directed to dispose of the O.S.No.312 of 2013 in accordance with law within a period of three months from the date of receipt of a copy of this order. It is made clear no application will be entertained for extension of time for disposal of the above suit. The parties are directed to cooperate for speedy disposal of the above said suit. With the above observation and direction, the civil revision petition is disposed of. No costs.

25.06.2018 Internet: Yes/No Index: Yes/No cgi To The Additional District Munsif, Ariyalur.

P.VELMURUGAN, J., cgi C.R.P.(PD)No.1819 of 2018 25.06.2018