K.P.Appukutty v. Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.11.2015

CORAM

THE HONOURABLE Ms. JUSTICE R.MALA C.R.P.(PD).No.4327 of 2015 K.P.Appukutty ..Petitioner /vs/ 1.Senthilkumar 2.Chithra Devi 3.R.Samiappan 4.Dhanapal 5.Santhamani 6.D.Sarangapani 7.Senniappan 8.Senniappan 9.Meenakshi Ammal 10.Pappathi Ammal 11.Paulraj 12.Valarmathi 13.S.P.Shanmugam @ Thangaraj 14.Samiappan 15.Duraisamy 16.Karuppusamy 17.Palanisamy ..Respondents PRAYER :Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the disposal of the suit in O.S.No.213 of 2014 on the file of the District Munsif Court, Kangeyam within a stipulated period. For Petitioner : Mr.K.Govi Ganesan

O R D E R

This Civil Revision Petition has been filed to direct the disposal of the suit in O.S.No.213 of 2014 on the file of the District Munsif Court, Kangeyam within a stipulated period.

2.Learned counsel for the petitioner submitted that the respondents 1 and 2 as plaintiffs filed a suit in O.S.No.213 of 214 on the file of the District Munsif Court, Kangeyam for declaration to declare that the decree passed in O.S.No.155 of 2007 is null and void and also restraining them not to deal with the property and other reliefs. He would further submitted that even though written statement has been filed and issues were framed, whenever the matter was posted for trial, the plaintiffs file an application and subsequently the same will be withdrawn and they were following delaying tactics and preventing the petitioner from enjoying the fruits of the decree obtained in the year 2007. Hence, he pray for early disposal of the suit in O.S.No.213 of 2014. 3.Heard the learned counsel for the petitioner and perused the typed set of papers. Considering the limited nature of the relief as sought for herein, notice to the respondents is dispensed with.

4.Considering the submission made by the learned counsel for the revision petitioner and even though the suit is filed only in the year 2014, the prayer sought for is to set aside the preliminary decree and final decree passed in O.S.No.155 of 2007 on the file of the District Munsif Court, Kangeyam, I am of the view that it is a fit case to direct the trial Court to dispose of the suit in O.S.No.213 of 2014 as early as possible. Accordingly, the Presiding Officer, District Munsif Court, Kangeyam, is directed to dispose of O.S.No.213 of 2014 within six months from the date of receipt of a copy of this order. 5.With the above direction, this Civil Revision Petition is disposed of. No costs.

23.11.2015 Index: Yes/No Internet:Yes/No cse

R.MALA, J.

cse To The District Munsif Court, Kangeyam C.R.P(PD)No.4327 of 2015 23.11.2015