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Madras High CourtCRP/2423/2015disposed of

Thirumoolanathan v. Selvaraj

2015-07-02Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.2423 of 2015 1.Thirumoolanathan 2.Kuppusami 3.Arutperunjothi 4.Mahalingam 5.Pasupathi 6.Hariharan 7.Arulmozhivasagam 8.Sivasakthi 9.Batcha Reddiar 10.Sankar 11.Palani Mudaliar ... Petitioners Vs.

1.Selvaraj 2.Mohana 3.Krishnasami ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Principal District Judge, Cuddalore to dispose of the application in I.A.No.516 of 2013 suit in O.S.No.63 of 2013 within the time frame.

For Petitioners : Mr.R.Baskar

O R D E R

The defendants 3 to 13 in the suit in O.S.No.63 of 2013 on the file of the Principal District Court, Cuddalore, have filed the above Civil Revision Petition to direct the trial Court to dispose of the application in I.A.No.516 of 2013 in O.S.No.63 of 2013 within a stipulated time. 2.The plaintiffs filed the suit in O.S.No.63 of 2013 for declaration, partition and permanent injunction. In the said suit, the defendants filed an application in I.A.No.516 of 2013 under Order 7 Rule 11 of the Civil Procedure Code to reject the plaint.

3.The learned counsel appearing for the petitioners submitted that though the application was filed in the year 2013, the trial Court has not disposed of the same yet. Further, the learned counsel submitted that in view of the long pendency of the application, the defendants are put to hardship.

4.Having regard to the submissions made by the learned counsel for the petitioners, 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 Principal District Judge, Cuddalore, to dispose of the application in I.A.No.516 of 2013 in O.S.No.63 of 2013, on

merits and in accordance with law, within six weeks from the date of receipt of a copy of this order.

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

Index : No 02.07.2015 Internet : Yes va To The Principal District Court, Cuddalore.

M.DURAISWAMY,J.

va C.R.P.(PD).No.2423 of 2015 02.07.2015