Madras High CourtCRP/1896/2021disposed of

N.Kalavathy v. S.Keerthana

2021-09-15Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2021

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN C.R.P.(P.D) No. 1896 of 2021 N.Kalavathy

...Petitioner

Vs.

S.Keerthana

...Respondent

Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking direction to the learned I Assistant Judge, City Civil Court, Chennai, to complete the trial proceedings in O.S.No.7279 of 2011, within a time limit stipulated by this court. For Petitioner : Mr.B.Gurumurthy

ORDER

This Civil Revision Petition is filed, seeking direction to the learned I Assistant Judge, City Civil Court, Chennai, to complete the trial proceedings in O.S.No.7279 of 2011, within a time limit stipulated by this court.

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2. The learned counsel for the petitioner submitted that a suit in O.S.No.7279 of 2011 was filed by the petitioner for delivery of possession and for costs. The evidence of the parties had been completed on 22.11.2013 and it is pending for arguments from 05.12.2013 to 18.02.2014. Thereafter, the suit was again pending for evidence from 25.02.2014 to 14.07.2014. Then it was pending for service from 18.07.2014 to 10.01.2019. Again the suit was pending for evidence from 01.02.2019 to 31.01.2020 and for arguments from 06.02.2020 to 19.02.2020. Now, the suit is pending due to pendency of some interlocutary application from 25.02.2020 till now.

3. The learned counsel for the petitioner submitted that the respondent is protracting the proceedings by unnecessarily filing applications. Therefore, the present Civil Revision Petition is preferred.

4. The aforesaid narration of sequence of proceedings in O.S.No.7279 of 2011, that had taken place before the learned I Assistant Judge, City Civil Court, Chennai, from the date of filing of the suit till now, shows that the suit is pending for arguments, even from the year 2011. 2/4

Thereafter, it appears that some evidence had been recorded in the Trial court. The suit is now pending for arguments. Meanwhile, it appears that an interlocutory application was filed and it is pending. This case comes under the category of old cases, which are pending for more than ten years. Courts are expected to give priority in disposal of 10 years old cases.

5. Considering the fact that the examination of witnesses in the suit was over and the said suit is pending for arguments, the learned I Assistant Judge, City Civil Court, Chennai, is directed to dispose the suit in O.S.No.7279 of 2011 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, the Civil Revision Petition is disposed of. No costs. ep/Jer 15.09.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No G.CHANDRASEKHARAN.J, 3/4

ep To

1. The I Assistant Judge, City Civil Court, Chennai

2. The Section Officer, VR Section, High Court of Madras.

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