Madras High CourtCRP/4699/2015disposed of

Mani v. Sivakumar

2015-12-15Honourable Ms. Justice R.Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2015 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P(PD).No.4699 of 2015 Tmt. Mani .. Petitioner Vs.

1. Sivakumar

2. Periyasamy .. Respondents Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India to direct the District Munsif Court, Perambalur to dispose of the O.S.No.494 of 2012 within a time limit. For Petitioner : M/s.Babu Rangasamy Associates

O R D E R

This Civil Revision Petition is filed to direct the District Munsif Court, Perambalur to dispose of the O.S.No.494 of 2012 within a time limit.

2. The learned counsel for the petitioner submitted that the 1st

defendant in O.S.No.494 of 2012 has come forward with this Civil Revision Petition for earlier disposal of the suit stating that the 1st respondent herein viz., Sivakumar has filed a suit for permanent injunction against the defendants in respect of the suit property. The 1st defendant contested the same by filing a written statement and also counter claimed that he is the owner of the suit property. He further submitted that though the written statement was filed in the year 2013, the reply statement to the counter claim is yet to be filed. Hence he prayed for earlier disposal of the suit.

3. Considering the limited prayer sought for in this Revision, notice to the respondents is hereby dispensed with.

4. Considered the submissions of learned counsel for petitioner and perused the typed set of papers.

5. It is seen that the 1st respondent has filed a suit for permanent injunction. The petitioner herein who is the 1st defendant in the suit filed a written statement and contesting the suit and also claiming counter claim and paid the court fee. That has been filed in the year 2013, but reply statement is yet to be filed, hence the matter is periodically adjourned for

filing of reply statement. So it is a fit case for giving a direction to the learned District Munsif, Perambalur to dispose the case . Accordingly, the learned District Munsif, Perambalur is directed to dispose the suit O.S.No.494 of 2012 within a period of six months, after affording fair opportunity to both sides.

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

15.12.2015 Index :Yes/No Internet:Yes/No msr To The District Munsif Court, Perambalur.

R. MALA, J

msr C.R.P(PD).No.4699 of 2015 15.12.2015