T.Raju v. V.Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN C.R.P.No.1621 of 2023 T.Raju .. Petitioner Vs.

1.V.Manikandan 2.Mohandas Chettiar 3.K.Appu Chettiar ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the learned District Munsif, Sankarapuram, to conduct the trial in the suit in O.S.No.86 of 2012 on a day-to-day basis and dispose of the same within a stipulated period. For Petitioner : Mr. K.Selvaraj

O R D E R

This Revision is filed seeking for a direction to the learned District Munsif, Sankarapuram to dispose of the suit in O.S.No.86 of Page No.1/4

2012 as expeditiously as possible by fixing a specific time frame.

2. It is submitted by the learned counsel for the petitioner that the plaintiff has filed a suit for declaration of title against the defendants and it is pending and posted for trial from time to time and not being disposed of. The petitioner has filed a copy of the docket proceedings which go to show that the matter was earlier posted for trial in the year 2018 itself. Subsequently, the Additional written statement stated to have been filed and the matter was again brought under the stage of trial. In the mean while the Interlocutory Application was filed in 2020 and again from March 2022, the matter is being posted for trial from time to time.

3. It is surprising to note that there is no progress and the trial could not be commenced by the trial Court since March 2022. The suit has been filed about more than 10 years ago. Nothing can be gathered from the records as to the reason for delay in not commencing the trial from March 2022 onwards.

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4. Considering the circumstances, this Civil Revision Petition is disposed of by giving the following direction: The learned District Munsif, Sankarapuram is directed to expedite the trial of this case and dispose of the same as quickly as possible not later than six (6) months from the date of receipt of the copy of the order. No costs.

12.06.2023 dsa Index : Yes/ No Internet : Yes/ No : Yes/ No Speaking Order/ Non-Speaking Order To The District Munsif, Sankarapuram.

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Dr.D.NAGARJUN,J.

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