Mr.Dinesh Kumar Jain v. Mr.N.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P(PD).No.110 of 2016 Dinesh Kumar Jain .. Petitioner/Defendant Vs.

1.N.Ramesh .. 1st Respondent/Plaintiff 2.Indian Bank Vellore Main branch T.K.M.Complex, Katpadi Vellore-4 represented by its Authorised Officer/Chief Manager 3.K.Iqbal Ahmed .. Respondents 2 and 3/Defendants 2 and 3 Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Sub-Judge, Vellore to dispose of O.S.No.242 of 2010 as expeditiously as possible on merits in accordance with law.

For Petitioner : Mr.E.Omprakash for M/S.Ramalingam and Associates

O R D E R

Civil Revision Petition is filed seeking direction to the learned Sub-Judge, Vellore, to dispose of the suit in O.S.No.242 of 2010 as expeditiously as possible in accordance with law. 2.Learned counsel for the revision petitioner/first defendant submitted that the first respondent herein as a plaintiff filed a suit in O.S.No.242 of 2010 for declaration of title to the suit properties and also for declare the Certificate of Sale dated 13.05.2008 executed by the second defendant to the first defendant as null and void and also for injunction. He further submitted that issues were framed, plaintiff and defendants' side evidence have been over. At that time, the plaintiff/first respondent has filed an application in I.A.No.131 of 2014 for disposing of the suit. The defendants also filed two applications in I.A.Nos.377 and 378 of 2014 for reopen and to receive additional written statement under Order VIII Rule 9 C.P.C., which are pending. Hence, he prayed for early disposal of those applications and suit.

3.Considering the limited nature of the relief as sought for herein, notice to the respondents is dispensed with.

4.In view of the submissions made by the learned counsel for the revision petitioner and on perusal of the typed set of papers, I am of the view, it is a fit case to give a direction to the trial Court to dispose of the applications and suit as early as possible. Accordingly, the Presiding Officer, Sub-Court, Vellore, is directed to dispose of I.A.Nos.131, 377 and 378 of 2014 within a month from the date of receipt of a copy of this order. Further, the Presiding Officer is directed to dispose of the suit in O.S.No.242 of 2010 within a period of three months from the date of disposal of I.A.Nos.131, 377 and 378 of 2014 after giving fair opportunity to both the parties.

5.With the above direction, this Civil Revision Petition is disposed of. No costs.

20.01.2016 Internet:Yes kj To The Sub-Court, Vellore.

R.MALA,J.

kj C.R.P(PD).No.110 of 2016 20.01.2016