S.G.Rajendiran Prasad v. Karunakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2016

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.140 of 2016 1.S.G.Rajendiran Prasad 2.Hitesh S.Thakkar ... Petitioners vs.

Karunakaran ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India for a direction to the District Munsif Court, Sholinghur to dispose of the suit in O.S.No.15 of 2015 as early as possible, preferably within a period of three months.

For Petitioners : Mr.P.Krishnan

O R D E R

The petitioners, claiming to be the court auction purchasers, are defending the suit O.S.No.15 of 2015 on the file of District Munsif, Sholinghur on the premise that their title has already been recognised by the Court. Having purchased the suit property in the court auction sale, the petitioners want the adjudication of the said dispute and disposal of the suit within a time to be fixed by this court. Accordingly, they have

approached this court with this petition under Article 227 of the Constitution of India for such a direction to the trial court.

2. The suit, in respect of which direction is sought for, is not even one year old. There are a number of other cases older than the suit in respect of which the direction is sought for. Even then, showing the urgency and the necessity to seek disposal of the case at an early date, the petitioners could have very well approached the trial court with necessary petition for fixing an early date and for inclusion of the same in the special list for disposal or to be placed on the fast track for disposal. Without doing it, the petitioners have chosen to directly approach this court under Article 227 of the Constitution of India for a direction to dispose of the suit within a time to be fixed by this court.

3. This court does not have the statistical particulars and other particulars as to whether this particular case needs to be fast tracked bypassing earlier cases. The trial court shall be in a better position to decide whether it can be fast tracked or not. Such an alternative remedy has not been exhausted. Hence the petition filed under Article 227 of the Constitution of India deserves to be dismissed. However the petitioners shall be at liberty to move a petition before the trial court for fixing an early date.

Accordingly, this civil revision petition is dismissed. The petitioners shall be at liberty to move a petition before the trial court for fixing an early date. If such a petition is filed, the trial court shall dispose of the same on its own merit, without being influenced by any of the observations made in this order. No costs. 01.02.2016 Index : Yes/No Internet : Yes/No asr To The District Munsif, Sholinghur

P.R.SHIVAKUMAR, J.

asr/- C.R.P (PD) No.140 of 2016 01.02.2016