Dhandapani v. B. Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY CRP (PD) No.1497 of 2015 K.Dhandapani .. Petitioner versus B.Sivakumar ..Respondent Petition filed under Article 227 of the Constitution of India to order a time frame for disposal of I.A.No.316 of 2014 in O.S.No.37 of 2014 on the file of the II Additional & Sessions Judge, Tiruppur. For Petitioner : Mr.M.Easan

O R D E R

The plaintiff in O.S.No.37 of 2014 on the file of the II Additional and Sessions Judge, Tiruppur, has filed the above Civil Revision Petition to direct the trial Court to dispose of the application in I.A.No.316 of 2014 in O.S.No.37 of 2014, within a stipulated time.

2. The plaintiff filed the suit in O.S.No.37 of 2014 for recovery of money. Along with the plaint, the plaintiff took up an application in I.A.No.316 of 2014 under Order 38 Rule 5 of Code of Civil Procedure to order attachment before Judgment. According to the learned counsel appearing for the petitioner, the respondent filed his counter, however, the trial Court has not disposed of the application yet. M.DURAISWAMY,J

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3. Having regard to the submissions made by the learned counsel for the petitioner and taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the II Additional and District Judge, Tiruppur to dispose of the application in I.A.No.316 of 2014 in O.S.No.37 of 2014, on merits and in accordance with law, on or before 30.06.2015.

With this observation, the Civil Revision Petition is disposed of. No costs.

10.04.2015 rg To The II Additional and District Judge, Tiruppur CRP (PD) No.1497 of 2015