B.M.R. Kalaivani v. Anisa Hussain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Kalaivani . . . Petitioner

Versus

1.Anisa Hussain 2.V.R.Sounder Rajan 3.V.K.Vanniya Perumal 4.State of Tamil Nadu, Rep.by its Home Secretary, Secretariat, Chennai - 600 009. . . . Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Subordinate Judge, Krishnagiri to complete the trial in O.S.No.149 of 2010 in a time bound manner as fixed by this Court. For Petitioner :

Mr.R.Rajasekaran

O R D E R

Heard Mr.R.Rajasekaran, learned counsel for the petitioner and perused the records.

Page No.1/4

2. This revision petition is filed seeking expeditious disposal of O.S.No. 149 of 2010, pending on the file of the Subordinate Court, Krishnagiri.

3. The learned counsel for the petitioner submitted that the petitioner has filed O.S.No.149 of 2010 seeking payment of Rs.5,00,000/- as compensation, together with interest against the defendants, who are the Police Officers and the Home Secretary. It can be gathered from the proceedings sheet filed along with this petition that five issues framed by the Court and that the plaintiff's side evidence has already been closed and the suit is posted from time to time for evidence of the defendants.

4. It is submitted by the learned counsel for the petitioner that in spite of giving opportunities, the defendants failed to produce their evidence and the Court has also not fixed any specific date for adducing the evidence on the side of the defendants, thereby, the suit is kept pending.

5. The suit is filed in the year 2010 and already 13 years have been lapsed. The learned Sub Judge should have posted the matter specifically for evidence and should have taken coercive steps against the parties who do not intend to adduce their evidence.

Page No.2/4

6. In view of the above, this Civil Revision Petition is disposed of, directing the learned Subordinate Judge, Krishnagiri to fix a specific date finally for the evidence on the defendants' side and expedite and complete the evidence of the defendants' side and dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of a copy of this order. There shall be no order as to costs.

06.06.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To

1. The Subordinate Judge, Krishnagiri.

2.The Home Secretary, State of Tamil Nadu, Secretariat, Chennai - 600 009.

Page No.3/4

DR.D.NAGARJUN , J., ms 06.06.2023 Page No.4/4