P.J.Murali Chettiar v. R.Jayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021 Coram THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.R.P. (PD) No. 1018 of 2021 P.J. Murali Chettiar ... Petitioner/ 1st Defendant -Vs1.

R.Jayakumar ... Respondent/Plaintiff 2.

The Branch Manager Tamil Nadu Industrial Investment Corporation Ltd. Special Recovery Branch, Division I, No.692, Anna Salai, Nandanam Chennai - 600 035.

... Respondent/2nd Defendant PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to dispose of O.S.No. 72 of 2006 pending on the file of the Principal District Munsif Court, Chengalpattu within a stipulated time fixed by this Hon'ble Court.

*** For Petitioner :

M/s. J.Suganthi For 1st Respondent:

No appearance For 2nd Respondent:

Mr. K.Magesh

ORDER

The vires of the suit itself is questionable. 2.

A direction is given to the learned District Munsif Court, Chengalpattu to dispose of O.S.No. 72 of 2006 on or before 30.09.2021. If there are any Interlocutory Applications pending, then the said Interlocutory Applications should be heard on a day to day basis and decided at the earliest.

3.

Trial should progress on a day to day basis and even if that is not possible, it should be ensured that not more than three working days are granted in between any two adjournments and grant of more than two adjournments for the very same reason should be avoided. An outer limit of 30.09.2021 is fixed for disposal of O.S.No. 72 of 2006.

4.

It is informed by Mr.K.Magesh, learned counsel for the second respondent/second defendant that the suit had been instituted by a participant in an auction process who had paid only 10% of the auction money and had not paid the actual sale consideration and had also not deposited the sale consideration into Court. It is also informed that in the meanwhile, the first defendant had settled the accounts and dues with the second defendant. The tile of the property still stands in the name of the first defendant and as title holder, he has every right to deal with the property.

5.

With the above said observations, this Civil Revision Petition is disposed of. No order as to costs.

07.07.2021 vsg Index: Yes/No Internet: Yes/No.

Speaking / Non speaking

C.V.KARTHIKEYAN, J.

vsg C.R.P. (PD) No. 1018 of 2021 07.07.2021