P.Krishnamoorthy v. Palanathal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2024

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.P.Krishnamoorthy 2.Palanisamy ... Petitioners vs.

1.Palanathal 2.Ponnathal @ Ponnammal 3.The Revenue Divisional Officer, Revenue Divisional Office, Tiruppur.

4.The District Registrar, District Registrar Office, Registration Department, Tiruppur.

... Respondents PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, 1950, praying to pass an order or direction directing the Principal District Court, Tiruppur to pronounce judgment in A.S.No.28 of 2023 after hearing the petitioners and the respondents herein within a specific period as fixed by this Court.

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For Petitioners : Mr.R.Prem Narayan For Respondents 3 & 4 : Mr.V.Ramesh Government Advocate

ORDER

This revision has been filed seeking a direction to the Principal District Court, Tiruppur to pronounce judgment in A.S.No.28 of 2023 after hearing the petitioners and the respondents herein within a specific period as fixed by this Court.

2.This Court, on 15.07.2024, had passed the following order: "The learned counsel for the petitioner submitted that the petitioner as a plaintiff filed suit for declaration and mandatory injunction in O.S.No.47 of 2011 which was decreed in favour of the petitioner on 24.01.2023. Challenging the same, the defendants therein filed appeal in A.S.No.28 of 2023 before the learned Principal District Judge, Tiruppur. Though arguments completed, again the appeal posted for continuation on arguments. Finally, on 02.07.2024, the learned Principal District Judge, Tiruppur made over the case to the file of the II Additional District Court, Tiruppur 2/6

and the case is posted today for arguments.

2.Post the matter on 23.07.2024."

3.In continuation and conjunction to the earlier order passed on 15.07.2024, it is seen that now the case is at the right stage of arguments. Since there is no Presiding Officer in II Additional District Court, Tiruppur, the learned Special Judge, Special Court for trial of cases under SC/ST Act, Tiruppur is holding additional charge.

4.The learned counsel for petitioner submitted that the case came up for hearing before the Lower Court on 15.07.2024, on which day, the petitioner was ready for arguments but due to paucity of time it was adjourned to 28.08.2024. Granting such long adjournments might not be proper. Hence, filed the above revision.

5.The learned Government Advocate appearing for the official respondents 3 and 4 has got no objection for speedy disposal of the case. 3/6

6.Since it is only a limited prayer seeking direction to dispose of A.S.No.28 of 2023 within the stipulated period, notice to the respondents 1 and 2 not required. Hence, notice to the respondents 1 and 2 is dispensed with.

7.In view of the same, this Court directs the learned II Additional District Judge, Tiruppur to dispose of A.S.No.28 of 2023 within a period of six weeks from the date of receipt of a copy of this order. 8.With the above directions, the Civil Revision Petition is disposed of. No costs.

23.07.2024 Index : Yes/No Internet : Yes/No Speaking order/Non speaking order rsi Note: Issue order copy on 24.07.2024.

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To The II Additional District Judge, Tiruppur.

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M.NIRMAL KUMAR, J.

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