Madras High CourtCRP/22/2018disposed of

Krishnappa v. Nanjappa

2018-01-08Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2018

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(PD).No.22 of 2018 Krishnappa .. Petitioner Vs.

1.Nanjappa 2.K.Muniyappa 3.M.Gopala Reddy 4.Munivenkatamma 5.M.Rajappa 6.K.Kavitha 7.Minor.R.Bharathi 8.Minor.R.Ankitha 9.M.Sreeramulu 10.Minor.Roja 11.Minor.Arathi 12.Minor.Amaresh 13.Kanthamma 14.Gopamma

15.Padma 16.Anjinappa 17.Kullappa 18.M.Krishnappa 19.Gopalappa 20.Ellamma 21.Ellappa [Respondent 18- amended as per order in I.A.No.675 of 2010 dated 04.10.2010] .. Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking for a direction directing the Hon'ble District Munsif Cum Judicial Magistrate No.I at Hosur to dispose of the suit in O.S.No.246 of 2008 within a stipulated time as framed by this Court.

For petitioner : Mr.R.Jayaprakash

ORDER

According to the revision petitioner, the respondents 18

to 21 have filed a suit in OS.No.246 of 2008 before the Hon'ble District Munsif Cum Judicial Magistrate No.I at Hosur for declaration and permanent injunction. According to the revision petitioner, in the aforesaid suit, issues have been framed and posted for trial. But the aforesaid suit has been adjourned from time to time without taken up for trial. Therefore, the revision petitioner has filed the present Civil Revision Petition before this Court seeking early disposal of the above suit.

2. Perusal of available records would show that the aforesaid suit is filed in the year 2008 and if the abovesaid fact is correct, then this Court could not understand, why the trial court has not concluded the proceedings, when there is no legal impediment to dispose of the above suit.

3. Hence, this Court is inclined to direct the Hon'ble District Munsif Cum Judicial Magistrate No.I at Hosur to dispose of the suit in OS.No.246 of 2008 in accordance with law as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this Order, if there is no other legal impediment.

D.KRISHNAKUMAR.J, lok

4. The Civil Revision Petition is disposed of with above direction. No costs.

08.01.2018 Speaking / Non Speaking order Index :Yes/No Internet :Yes/No lok To The District Munsif Cum Judicial Magistrate No.I, Hosur.

CRP.(PD).No.22 of 2018