D.Menaga v. P.Sasikala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA 1.D.Menaga 2.Deepan @ Deepak ... Petitioners ..Vs..

1.P.Sasikala.

2.P.Vasanth.

3.K.Parimala.

4.B.Kannan.

... Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Sub-Court at Alandur to dispose the suit in O.S.No.767 of 2021 within a framing of stipulated period.

For Petitioners : Mr.S.Natarajan

O R D E R

This Civil Revision Petition has been preferred seeking a direction to dispose the suit in O.S.No.767 of 2021 pending before the learned Sub Judge, Alandur, Chennai within a prescribed time limit.

2. Heard the learned counsel for the petitioner and perused the Page No.1/4

materials available on record.

3. As per the status report submitted by the learned Sub Judge, Alandur it seen that four Interlocutory Applications i.e i) I.A.No.525 2021 was filed under Order XXXIX Rule 1 and 2 C.P.C; ii) I.A.No.526 of 2021 was filed under Order VII Rule 11 C.P.C ; iii) I.A.No.527 of 2021 was filed under Order VIII Rule 1(3) C.P.C ; and iv) I.A.No.528 of 2021 was filed under Order XXVI Rule 9 C.P.C were filed in the suit and the same were pending for disposal.

4. The learned counsel for the petitioner submitted that the suit in O.S.No.30 of 2015 was originally filed before the District Munsif Court, Tambaram. Later, on point of jurisdiction, the suit was transferred to Sub Court, Alandur and got renumbered as O.S.No.767 of 2021. The learned counsel for the petitioner further submitted that the defendants in the suit did not raise the point of maintainability, when the suit was pending for nearly seven years. After it was transferred to Sub Court, Alandur, they have filed a petition under Order VII Rule 11 of C.P.C for delaying the Page No.2/4

proceedings.

5. It seems that the matter was originally filed in the year 2015 and the parties before the Courts are seeking speedy disposal. Hence it is incumbent on the learned trial Judge to see the suit disposed at the earliest by disposing the pending Interlocutory Application.

6. Taking into consideration of the long pendency of the suit, a direction is issued to the learned Sub Judge, Alandur to dispose of the suit as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

7. Accordingly, this Civil Revision Petition is disposed of . No costs.

23.06.2022 Index:Yes No Speaking Order:Yes/No ms Page No.3/4

R.N.MANJULA, J.

ms To

1. The Sub-Court, Alandur.

2.The Section Officer, V.R.Section, High Court, Madras.

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