B.Raju Prasad v. Narayanappa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Civil Revision Petition (PD) No.1379 of 2021 B.Raju Prasad ... Petitioner Vs.

1.Narayanappa 2.Balamma 3.Annapporna 4.Rakesh 5.Lavanya 6.Karthik 7.Latha 8.Chitra ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the learned Additional Sub-Court, Hosur to dispose of the suit in O.S.No.36 of 2009 within the time as stipulated by this Hon'ble Court and allow the said Civil Revision Petition. For Petitioner :

M/s.R.Divya Preathika Page No.1 of 5

for S.A.Sayed Shuhaibb For Respondent 1 :

Not known For Respondents 2 & 7 : Died (Steps not taken) For Respondents 3 to 6 & 8 : Mr.C.Vigneshwaran for Mr.K.Govi Ganesan

O R D E R

This Civil Revision Petition has been filed to direct the learned Additional Sub-Court, Hosur to dispose of the suit in O.S.No.36 of 2009 within the time as stipulated by this Hon'ble Court and allow the said Civil Revision Petition.

2. Learned counsel for the petitioner submitted that the subject matter suit O.S.No.36 of 2009 was originally filed by the first respondent on 13.02.2009, before the Subordinate Court, Hosur, which was dismissed for default on 08.06.2015 and subsequently, the first respondent has filed a restoration petition in I.A.No.419 of 2015 to restore the aforesaid suit and the same was restored on 07.12.2015. However, in the meantime, the said suit in O.S.No.36 of 2009 has been transferred to Additional Sub-Court, Hosur and Page No.2 of 5

the same is still pending. Hence, the revision petitioner has come forward with this petition to direct the learned Additional Sub Court, Hosur to dispose of the O.S.No.36 of 2009, within a period of three months.

3. Learned counsel appearing for the respondents 3 to 6 & 8 submitted that three months time may be given to the Trial Court to dispose of the suit.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the submission made by the learned counsel on either side, this Court is inclined to direct the learned Additional Sub Court, Hosur to dispose of the suit in O.S.No.36 of 2009, within a period of six months from the date of receipt of a copy of this order.

6. This Civil Revision Petition stands allowed. No costs. 30.11.2023 vm Page No.3 of 5

Index :

Yes/No Speaking Order :

Yes/No :

Yes/No J.SATHYA NARAYANA PRASAD,J.

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