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Madras High CourtCRP/1300/2024disposed of

Chokkalingam v. Ranjitha

2024-04-25Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Chokkalingam ... Petitioner

Versus

1.Ranjitha 2.Pazhaniyammal ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned District Munsif, Sankarapuram to dispose of the suit in O.S.No.45 of 2021 within a time frame that may be fixed by this Court. For Petitioner : Mr.G.Balamanikandan

ORDER

The petitioner/2nd defendant in O.S.No.45 of 2021 has filed this Civil Revision Petition to direct the learned District Munsif, Sankarapuram to dispose of the suit in O.S.No.45 of 2021 within a time frame. Page No.1 of 4

2.Notice ordered to the 1st respondent/plaintiff and 2nd respondent/1st defendant on 25.04.2024. Though notice served, none appeared for them. As regards 2nd respondent is concerned, she has been set exparte by the trial Court.

3.The learned counsel for the petitioner submitted that the suit in O.S.No.45 of 2021 filed on 15.03.2021, thereafter it was pending for sometime for service of notice and for filing written statement. Finally, due to non-filing of written statement by the defendants, they were set exparte on 20.10.2021. In the meanwhile, the evidence recorded. He further submitted that the 1st respondent/plaintiff was set exparte and to set aside the same, the 1st respondent/plaintiff filed I.A.No.1005 of 2022 in O.S.No.45 of 2021 and the same was allowed. Then the plaintiff filed written statement and now it has been posted for issues. The petitioner herein is a purchaser of the property from 2nd respondent/1st defendant. Now the 1st respondent/plaintiff claiming herself to be a daughter of second wife of Navaan, filed the suit which is only for the purpose of undue demand. The only requirement of the petitioner is that the trial to be completed and suit to be disposed within a stipulated period. Hence, prays for direction for completion of the suit. Page No.2 of 4

4.Considering the submissions and on perusal of the materials, this Court directs the learned District Munsif, Sankarapuram to complete the suit in O.S.No.45 of 2021 within a period of four months from the 3rd June, 2024. 5.With the above direction, this civil revision petition is disposed of. No costs.

25.04.2024 Speaking order/Non-speaking order Index: Yes/No vv2 To The District Munsif, Sankarapuram.

Page No.3 of 4

M.NIRMAL KUMAR, J.

vv2 25.04.2024 Page No.4 of 4