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Madras High CourtCRP/4020/2015disposed of

Ally Cadermoidinesaib v. Tmt.Elizabeth

2015-10-09Honourable Mr Justice D. Hariparanthaman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN CRP.PD.No.4020 of 2015 --- Ally Cadermoidinesaib .. PETITIONER Vs

1. Elizabeth

2. Vasanthy

3. Subathra

4. Raji

5. The Manager, UCO Bank, Main Branch, Beach Road, Puducherry-605 001.

.. RESPONDENTS Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned Principal District Munsif, Puducherry to expeditiously dispose of the suit in O.S.No.387 of 2014, within a time frame that may be fixed by this Court.

For petitioner : Mr.K.A.Vimal Kumar For Respondents : ...

O R D E R

The Revision Petitioner is the plaintiff in O.S.No.387 of 2014 on the file of the learned Principal District Munsif, Puducherry. The suit was posted on 14.10.2015.

2.

The details of the suit are not necessary for disposal of the present revision.

3.

While so, the Revision Petitioner filed I.A.No.1714/2015 in O.S.No.387 of 2014 to advance the hearing to 18.09.2015 and also the application was filed stating that he was not inclined to pursue with the suit and he wanted to withdraw the same. 4.

According to the petitioner, he did not want any liberty. But the application is not yet disposed of and now the suit is to come on 14.10.2015. Hence, the petitioner has filed this revision petition seeking expeditious disposal of O.S.No.387 of 2014. 5.

When the matter is taken up, the learned Counsel for the Revision Petitioner has submitted that though the prayer is to dispose of the O.S.No.387 of 2014, the revision can be dispose of by directing the revision petitioner to file an application under Order XXIII Rule 1 for withdrawal of the suit and the trial court could be directed to dispose of the same, within a stipulated period. 6.

In view of such prayer being made, the Civil Revision

Petition is disposed of directing the petitioner to file an application to withdraw the suit in O.S.No.387 of 2014 and on such application being filed, the trial court is directed to dispose of the same, within a period of two weeks from the date of filing of the application. No costs.

09.10.2015 Index : No Internet:Yes Note : Issue order copy on 12.10.2015 tsi To The Principal District Munsif, Puducherry.

D.HARIPARANTHAMAN, J.

tsi CRP.PD.No.4020 of 2015 09.10.2015