Nidhi Bafna, v. Randeepkaurvirdi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.08.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN CRP. (PD) No.1682 of 2021 Nidhi Bafna ... Petitioner Vs.

1.RandeepKaurVirdi 2.Raman Singh ... Respondents Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue direction to the XVII Assistant City Civil Court, Chennai to expeditiously dispose off O.S. No.2588 of 2018 within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr. M.Aravind Subramanyam For Respondents : No appearance *** O R D E R This petition is filed seeking direction to the learned XVII Assistant Civil Court, Chennai, to expeditiously dispose of O.S. No.2588 of 2018, within the time frame fixed by this Court.

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2. Learned counsel appearing for the petitioner submitted that the suit in O.S. No.2588 of 2018, was filed for recovery of money from the respondents. The matter was listed on 14.09.2018 and Affidavit of Service was filed. The case was posted for filing summons for judgment on 24.09.2018 and summons was filed on 24.09.2018. Thereafter, the respondents filed an application in I.A. No.14065 of 2018, for leave to defend the suit, with a delay of 33 days. Then they filed a petition to condone the delay of 33 days in filing the petition for leave to defend the suit. The delay was condoned on 16.11.2018 and the matter was posted on 26.11.2018, for conducting an enquiry on the application filed seeking leave to defend the suit. Thereafter, this application is getting adjourned time and again, despite appearance of counsel on both side.

3. As a part of his submission, learned counsel for the petitioner also produced a copy of daily status uploaded on the website. It shows that I.A. No.14390 of 2018, is pending and learned counsel appearing on both sides have been heard on 23.09.2019 and then posted for clarification since then. The daily status, on prima facie, shows that the case is being adjourned without any reason other than that the Court requires some clarification from the counsel. Therefore, the learned XVII Judge, Assistant Civil Court, Chennai, is directed to dispose of I.A. No.14390 of 2018 immediately and proceed to dispose O.S. 2/4

No.2588 of 2018, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

4. With the above direction, this Civil Revision Petition is disposed of. No costs.

23.08.2021 Index: Yes / No Speaking order / Non speaking order bkn Copy To:

The XVII Judge, Assistant Civil Court, Chennai 3/4

G.CHANDRASEKHARAN. J., bkn CRP. (PD) No.1682 of 2021 23.08.2021 4/4