S.Kesavan v. K.Harikrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2021 Coram THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.R.P. (PD) No. 832 of 2021 S.Kesavan ... Petitioner/1st Defendant -Vs1.

K.Harikrishnan 2.

Mrs. Santhakumari ... Respondent/Plaintiff 3.

Mrs. K.Hemamalini 4.

The Manager Central Bank of India Chrompet, Chennai - 600 044.

... Respondent / 2nd to 4th Defendant PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to expedite the trial in O.S.No. 177 of 2017 pending on the file of the Hon'ble District Munsif, Alandur. *** For Petitioner :

Mr. B.Thirumalai For 1st Respondent :

M/s. Paul & Paul For RR 2 to 4 :

No appearance

ORDER

A report has been received from the District Munsif, Alandur and perusal of the said report reveals that vakalat for the defendant Nos. 1, 3 & 4 had been filed. The second defendant was called absent and was set exparte. The fourth defendant alone filed written statement. Thereafter, the matter had been adjourned to 12.07.2017 and on 28.07.2017 for written statement of the defendant Nos. 1 & 3.

2.

It is stated that I.A.No. 515 of 2017 & I.A.No. 516 of 2017 are still pending. The matter has been posted for counter of the respondent Nos. 1 & 3 on 13.06.2017, 28.06.2017, 12.07.2017, 28.07.2017. Thereafter, counter has been filed. On 07.06.2017, I.A.No. 688 of 2017 had been filed to set aside the exparte order dated 26.04.2017 and the said Interlocutory Application was also allowed. In view of these complications, the first defendant should await disposal of the Interlocutory Applications before there could be any effective order for disposal of the suit. 3.

All the defendants and the plaintiff must also address that trial

cannot commence when the Interlocutory Applications are pending. Therefore, I am not inclined to stipulate any time limit for disposal of the suit but however, I am confident that the Principal District Munsiff, Alandur would bestow personal attention and examine the issues in the suit and take it up trial and dispose it of as early as possible for the said Court. 4.

With the above said observation, this Civil Revision Petition is dismissed. No order as to costs.

19.07.2021 vsg C.V.KARTHIKEYAN, J.

vsg C.R.P. (PD) No. 832 of 2021 19.07.2021