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Madras High CourtCRP/1695/2015disposed of

Kanaka @ Kanakabusanam v. Kanchana

2015-04-22Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2015 Coram The Hon'ble Mr. Justice M.DURAISWAMY CRP(NPD).No.1695 of 2015 and M.P.No.1 of 2015 Kanaka @ Kanakabusanam ..

Petitioner Vs.

1. Kanchana

2. K.Vijayakumar @ Vijayagopal

3. K.Rajarajeshwari

4. N.Sundararaj

5. S.Rajeshkumar ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the Lower Appellate Court for a speedy disposal of the I.A.No.1923 of 2011 in I.A.No.1537 of 2009 in A.S.C.F.R.No.18485 of 2009, pending on the file of Principal District Judge, Coimbatore.

For Petitioner ..

Mr.A. Gowthaman

ORDER

The above Civil Revision Petition has been filed by the petitioner to direct the Principal District Judge, Coimbatore to dispose of the application in I.A.No.1923 of 2011 in I.A.No.1537 of 2009 in A.S.C.F.R.No.18485 of 2009.

2.The learned Counsel appearing for the petitioner submitted that though the petitioner filed an application in I.A.No.1923 of 2011 to restore the application in I.A.No.1537 of 2009, in the year 2011 itself, the Lower Appellate Court has not disposed of the application till this date. Further, the learned Counsel submitted that the respondents in the said application have filed their counter and the matter is ripe for trial. The learned counsel further submitted that since the application is pending for a long time, the petitioner is put to hardship and prejudice.

3.Having regard to the submissions made by the learned counsel for the petitioner and taking into consideration the limited prayer sought for in this Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Principal District Judge, Coimbatore, to dispose of the application in I.A.No.1923 of 2011 in

I.A.No.1537 of 2009 in A.S.C.F.R.No.18485 of 2009 on or before 30.06.2015.

4.With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 22.04.2015 rg/srn To The Principal District Judge, Coimbatore.

M.DURAISWAMY,J.

rg/srn C.R.P.(NPD) No.1695 of 2015 22.04.2015