Mangammal v. Sevatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.08.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 3022 of 2023 and C.M.P.No. 14967 of 2023 Mrs. Mangammal

...Petitioner

.Vs.

1. Mrs. Sevatha

2. Chinnasamy

3. The Tahsildhar Krishnagiri Taluk.

4. The District Collector Krishnagiri District.

5. The Sub-Registrar, Krishnagiri .

..Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Learned District Munsif Court, Krishnagiri to dispose of the suit in O.S.No.49 of 2016 pending on his file in a stipulated time to be fixed by this Hon'ble Court and pass orders.

For Petitioner : Mr. G.V. Sridharan

ORDER

This petition is filed to direct the Learned District Munsif Court, Krishnagiri to dispose of the suit in O.S.No.49 of 2016 within the time frame as fixed by this Court.

2. The case of the petitioner is that there was dispute between the petitioner and the first respondent with regard to the ownership of the subject property. Due to which, the first respondent herein has filed the above suit claiming that he is the owner of the subject property. The grievance of the petitioner is that the suit is filed in the year 2016 and there is no progress in the suit, inspite of the fact that the petitioner has filed written statement. Hence the petitioner has come forward with this petition.

3. The learned counsel for the petitioner submitted that in the above suit, issues were framed on 18.01.2017, trail was commenced on 01.12.2018 and the matter was posted before Lok Adalat on 08.02.2020

again the matter was posted on 16.12.2020 in the special list. Subsequently the matter was posted under the caption " Part heard" on 15.09.2021. The Court adjudication sheet also reveals that PW4 was cross examined on 03.01.2023 and finally on 19.04.2023 the matter was adjourned for further examination of PWs. The learned counsel for the petitioner submitted that the first respondent herein is unnecessarily dragging the suit proceedings. Hence prays to allow this petition.

4. On a perusal of records it is seen that for cross examination of witness the matter was adjourned periodically. Hence, this Court is inclined to issue a direction to the District Munsif Court, Krishnagiri to fix a time limit for examination of witness and thereafter close the examination of witness.

5. In view of the above, the learned District Munsif Court, Krishnagiri is directed to dispose of the suit in O.S.No.49 of 2016 within a period of six months from the date of receipt of a copy of this order.

6. With the above directions, this Civil Revision Petition is disposed of. No order as to costs. Consequently, the connected miscellaneous petition is closed.

28.08.2023 smn Index : Yes/No Internet: Yes/No To.

1. The I Additional Principal Family Judge, Chennai

2. The Tahsildhar Krishnagiri Taluk.

3. The District Collector Krishnagiri District.

4. The Sub-Registrar, Krishnagiri.

5. The District Munsif Court, Krishnagiri

V.BHAVANI SUBBAROYAN,J.

Smn C.R.P. No. 3022 of 2023 and C.M.P.No. 14967 of 2023 28.08.2023