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Madras High CourtCRP/4135/2015disposed of

Kumaran Systems Private Ltd, v. C.R.Satyanarayana

2015-11-02Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2015

CORAM

THE HONOURABLE MS. JUSTICE R.MALA C.R.P.No.4135 of 2015 and M.P.No.1 of 2015 Kumaran Systems Private Limited represented by its Director Mr.Vijayasekar Subramaniam ... Petitioner vs C.R.Satyanarayana ... Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India seeking direction to the Additional District Judge, Chengalpet, to dispose of the counter claim in Sr.No.762 of 2013 dated 05.04.2013 in O.S.No.267 of 2009 and only then proceed with the trial after granting sufficient time to the petitioner/defendant to pursue the counter claim to the legal and logical end.

For Petitioner :

Mr.S.Jayakumar For Respondent :

Mr.K.S.V.Prasad

ORDER

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2.

The petitioner/defendant has come forward with this Revision seeking direction to the Additional District Judge, Chengalpet, to dispose of the counter claim in Sr.No.762 of 2013 dated 05.04.2013 in O.S.No.267 of 2009 stating that the respondent herein, as plaintiff, has filed the suit for recovery of possession and damages and other reliefs and he filed written statement and contesting the suit. On 21.01.2012, he handed

over possession and now claims damages by way of filing counter claim, that was yet to be numbered for maintainability. Even though the application was filed in the year 2013 and on 16.07.2015 the matter was posted for both side arguments and after hearing both sides, no orders was passed. Hence, both sides want the unnumbered counter claim application to be disposed as early as possible.

3.

Considering the circumstances, I am of the view that it is a fit case for giving direction to the Additional District Judge, Chengalpet, to dispose of the unnumberd counter claim in Sr.No.762 of 2013 on or before 30.11.2015.

4.

With the above direction, the Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To The Additional District Judge, Chengalpet.

+1cc to Mr.S.Jayakumar, Advocate Sr.59823 +1cc to Mr.KS.V.Prasad, Advocate Sr.60275 C.R.P.No.4135of2015 and M.P.No.1 of 2015 svi[co] srg 3/11/2015

02.11.2015