Gilles Mariadassou v. Sivalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA C.R.P.(PD).No.1733 of 2022 Giles Mariadassou ... Petitioner ..Vs..

1.Sivalingam 2.Sivaraman 3.Shiva Shanmugam ... Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned I Additional District Munsif, Puducherry, to dispose of the O.S.No.2252 of 2014, within a time frame that may be fixed by this Court.

For Petitioner : Mr.D.Ravichander

O R D E R

This Civil Revision Petition has been preferred seeking direction to the learned I Additional District Munsif, Puducherry, to dispose of O.S.No.2252 of 2014, within a time frame that may be fixed by this Court. 1/4

2.The revision petitioner is the plaintiff who has filed a suit against the respondents/defendants for the relief of mandatory injunction. 3.The learned counsel for the petitioner submitted that, despite the suit was filed in the year 2014, it is pending on the file for several years without much progress.

4.On perusal of the records, it is seen that one of the defendants in the suit is a senior citizen. The suit has been filed as early as in the year 2014 seeking for the relief of recovery of possession by way of mandatory injunction. It is seen from the e-court case details that the suit has been posted for arguments in the year 2020 itself. But some-how it is being adjourned from time to time and in the meantime, the Interlocutory Applications were filed and again the matter was posted for evidence. The case proceedings show the snail's speed in which the proceedings are taken by giving repeated adjournments for framing of issues, for arguments and thereafter again for evidence. When the matter reaches for arguments, it would be ideal for the learned trial Judge to hear the arguments and dispose of the suit. Giving repeated adjournments for arguments would only pave way for filing applications in the interregnum one after the 2/4

other and thereafter, the suit would once again return to the stage of recording evidence. So it is absolutely essential to impress on the learned trial Judge to dispose of the suit as expeditiously as possible by avoiding delay of any kind. 5.With the above observations, this Civil Revision Petition is disposed of and the learned I Additional District Munsif, Puducherry is directed to dispose of the suit as expeditiously as possible, preferably within a period of three months, by hearing the case on day to day basis. No costs. 14.07.2022 vkr Index:Yes No Speaking Order:Yes/No To 1.The XV Judge, City Civil Court, Chennai.

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

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R.N.MANJULA,J.

Vkr C.R.P.(PD).No.1733 of 2022 14.07.2022 4/4