Madras High CourtCRP/3954/2017disposed of

J.K.A. Kumararajah v. Annai Sellammal Educational

2017-11-20Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP(PD) No.3954 of 2017 J.K.A.Kumararajah ..Petitioner Vs.

1.Annai Sellammal Educational Trust, Komarapalayam, Rep. by its Founder cum Chairman Trustee Ve.Radhakrishnan.

2. Annai Sellammal Nursery & Primary School, Rep. by its Correspondent Ve.Radhakrishnan.

3. Annai Sellammal Matriculation School, Rep. by its Managing Director/ Correspondent, Ve.Radhakrishnan

4. J.K.K. Angappa Chettiar ..Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue direction to the learned Subordinate Judge, Tiruchengode to dispose the plaint in O.S. No.31 of 2015 within the time framed fixed by this Court by allowing the Civil Revision Petition.

For Petitioner : Mr.R.Marudhachalamurthy

ORDER

This Civil Revision Petition is filed seeking to direct the learned Subordinate Judge, Trichengode to dispose O.S. No.31 of 2015 within the time framed fixed by this Court.

2. The learned counsel for the petitioner would submit that the petitioner filed the suit in O.S. No.31 of 2015 before the learned Subordinate Court, Trichengode for the relief of declaration and for permanent injunction to hand over the suit property to the respondents herein.

3. According to the petitioner, the aforesaid suit has been filed in the year of 2015. Subsequent to the suit, an Application in I.A. No.171 of 2017 was filed, under Section 5 of the Limitation Act, and the same was disposed on 13.09.2017. At present there is no Application pending before the trial Court. Hence, there is no impediment for the trial Court to dispose of the suit, within a time frame.

4. Considering the facts and circumstances of the case, without going into the merits of the case, this Court is inclined to direct the Subordinate Court, Thiruchengode, to dispose the said suit in O.S. No.31 of 2015, in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

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

20.11.2017 Index :Yes/No avr To The Subordinate Judge, Thiruchengode

D.KRISHNAKUMAR,J.

avr CRP(PD)No.3954 of 2017 20.11.2017