L.Manoharan v. Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRP(PD).No.2550 of 2018 L.Manoharan ...Petitioner Vs 1.Sampath 2.Chinapappa 3.Ramkumar 4.Chinaponnu 5.Raghu 6.Venkatesan

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the I Additional District Munsif, Tirukoilur to dispose of the suit in O.S.No.265 of 2013 within a stipulated time.

For Petitioner : Mr.G.Arul Murugan *****

O R D E R

The prayer sought for in the present petition is to direct the I Additional District Munsif, Tirukoilur to dispose of the suit in O.S.No.265 of 2013 within a stipulated time.

2. On a perusal of the docket orders in I.A.No.236 of 2016 in O.S.No.265 of 2013, it is seen that though the Commissioner was required to file his report on 15.06.2016, the report came to be filed only on 22.06.2017, after more than one year and the application thereafter still been kept pending. The written statement was also filed in the main suit on 17.04.2014.

3. The grievance of the petitioner is that the suit, which was filed on 22.06.2013, has not seen much progress and therefore, the present revision has been filed seeking to expedite the hearing of the suit. In consideration of the docket orders in O.S.No.265 of 2013 and also taking into account the fact that the suit is pending for almost more than 5 years, it would be appropriate to stipulate the time limit to dispose of the interim application as well as the suit. Since the respondents cannot claim to have been prejudiced in view of such https://hcservices.ecourts.gov.in/hcservices/

an order, notice is not being issued to them.

4. In the light of the above observations there shall be a direction of the learned I Additional District Munsif, Tirukoilur to dispose of the application in I.A.No.236 of 2016 in O.S.No.265 of 2013 at least within a period of 30 days from the date of receipt of a copy of this order and simultaneously endeavour to dispose of the suit in O.S.No.265 of 2013 within a period of six months.

With the above observations and directions, the Civil Revision Petition stands allowed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ak To The I Additional District Munsif, Tirukoilur.

+1cc to M/s.G.Arul Murugan, Advocate, S.R.No.61896 CRP(PD).No.2550 of 2018 SPD(CO) rrs 28/09/2018 https://hcservices.ecourts.gov.in/hcservices/