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Madras High CourtCRP/1543/2019disposed of

Kandeepan v. Pachaiappan

2019-06-10Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD)No.1543 of 2019 1.Kandeepan 2.Sooriya Gandhi ... Petitioners Vs.

Pachaiappan ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India seeking direction to dispose of the suit in O.S.No.125 of 2007 on the file of the District Munsif Court, Vandavasi. For Petitioner : Mr.Govi Ganesan *****

O R D E R

This Civil Revision Petition has been filed seeking direction to dispose of the suit in O.S.No.125 of 2007 on the file of the District Munsif Court, Vandavasi.

2. The petitioners are the defendants in the suit. The respondent

filed a suit in O.S.No.125/07 for bare injunction which is pending for the past 12 years for disposal.

3. This Court by its order dated 25.04.2019, directed the learned counsel for the petitioner to produce 'A' Diary, extract as on date from the Court below. Accordingly, the learned counsel for the petitioner produced the certified copy of the 'A' Diary. From a perusal of the document it is clear that the suit was presented on 11.06.2007 and issues were framed on 19.08.2008 and it was taken up for trial on 18.01.2010. Then, the proceedings were being periodically adjourned either by request of the plaintiff or for some other reasons. Even on 06.12.2018, the I.A. filed by the respondent / plaintiff, was dismissed. He took adjournment for production of Civil Revision Petition but has not appeared before the Court for cross examination.

4. The long pendency of the case from the year 2007 till date shows that the party will subject to hardship. Therefore, this Court is inclined to issue direction directing the District Munsif Court, Vandavasi to dispose of the suit within a period of three months from the date of receipt of a copy of this order. The Civil Revision Petition is ordered accordingly. No costs. 10.06.2019 bkn Note: Issue order copy on 12.06.2019.

M. GOVINDARAJ, J.

bkn C.R.P.(PD)No.1543 of 2019 .

10.06.2019