D.Vanitha v. H.Basheer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA D.Vanitha ...

Petitioner / Defendant [in both C.R.Ps] versus H.Basheer ...

Respondent [in C.R.P.No.1761/2022] M/s.Hotel New Grand, Rep. by its Proprietor, No.310, GST Road, Chrompet, Chennai - 600 044.

...

Respondent [in C.R.P.No.1762/2022] COMMON PRAYER: Civil Revision Petitions have been filed under Article 227 of the Constitution of India, to direct the learned Additional District Munsif, Alandur, to dispose of R.C.O.P.No.101 of 2018 and O.S.No.16 of 2018, within a time frame fixed by this Court. For Petitioner : Mr.M.Premkumar [in both C.R.Ps] 1/4

C O M M O N O R D E R These Civil Revision Petitions have been filed seeking for a direction to the learned Additional District Munsif, Alandur, to dispose of the cases in R.C.O.P.No.101 of 2018 and O.S.No.16 of 2018, within a fixed time frame.

2.

The revision petitioner is the landlady, who has filed the petition in R.C.O.P.No.101 of 2018 for fixation of fair rent and she is the defendant in O.S.No.16 of 2018.

3.

The learned counsel for the petitioner submitted that the matters are pending from the year 2018 without any progress and hence, a direction should be given for disposing the cases within a fixed time frame. 4.

As per the report of the learned trial Judge, it is seen that O.S.No.16 of 2018 stands posted to 12.07.2022 for framing issues. Since the case is pending for nearly 4 years to reach the stage of the issues, it will be appreciable, if the learned trial Judge bestows her best interest to dispose the suit as expeditiously as possible. The R.C.O.P. has reached the stage of enquiry. On 08.06.2022, when the matter was called in the Court below, there was no representation for both sides and the matter got adjourned. 2/4

Only if the petitioner presents before the trial Court to conduct the proceedings by cooperating the Court, the matter can be disposed of fastly. However, taking into consideration of the long pendency of the matters, it will be appreciable if the learned trial Judge shall grant short adjournments and disposes the cases at the earliest.

5.

These Civil Revision Petitions are disposed of and the learned Additional District Munsif, Alandur, is directed to dispose of the petition in R.C.O.P.No.101 of 2018 and the suit in O.S.No.16 of 2018 as expeditiously as possible. No costs.

29.06.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4

R.N.MANJULA , J.

sri To The Additional District Munsif, Alandur.

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