Arulmigu Kudumbadi Chinnamman Thirukoil v. S.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.No.1653 of 2019 Arulmigu Kadumbadi Chinnamman Thirukoil Rep.by its Hereditary Managing Trustee A.Gajapathy No.53, Jayaram Chetty Street, Saidapet West, Chennai-600015.

... Petitioner Vs.

S.Kumar ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India praying to dispose off the O.S.No.450 of 2004 pending on the file of II Assistant Judge, City Civil Court, Chennai within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.L.Dhamodaran *****

O R D E R

This revision petition is filed by the petitioner seeking to dispose off the O.S.No.450 of 2004 pending on the file of II Assistant Judge, City Civil Court, Chennai within a time frame fixed by this Hon'ble Court.

2. The revision petitioner is the plaintiff before the trial Court. He filed a suit in the year 2004 for ejection and delivery of vacant possession of the suit property. Further the suit is prolonged for one or other reason for the past fifteen years.

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3. The learned counsel for the petitioner would submit that the respondent is in the habit of filing application after application thereby protracting the litigation proceedings. Further the present I.A.No.12273 of 2018 was filed before the trial Court to furnish separate fair orders of the common order dated 07.04.2018 in order to prefer separate C.R.P's and I.A.No.12285 of 2018 to reopen the suit. Therefore, he seeks early disposal of the suit.

4. From a perusal of records, it is seen that the matter has been unduly protracted by the respondent. The latest I.A.12273 of 2018 was filed for issuing direction to the Registry to issue a fair copy of the common order and the same is pending from 08.11.2018.

5. Considering the facts and circumstances of the case and the long pendency of the suit from the year 2004, a direction is issued to the II Assistant Judge, City Civil Court, Chennai to dispose of the I.A.Nos.12273 & 12285 of 2018 within a period of one month from the date of receipt of a copy of this order and dispose of the suit itself within a period of three months therefrom. No costs. Consequently, connected civil miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bkn To, The II Assistant Judge, City Civil Court, Chennai +1cc to Mr.L.Dhamodaran , Advocate SR.No. 48842 C.R.P.No.1653 of 2019 rsi (CO) A.SK(19/08/2019) https://hcservices.ecourts.gov.in/hcservices/