Madras High CourtCRP/1752/2013disposed of

R.S.Gomathi v. T.Rukumaniammal

2016-10-07Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2016

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM CIVIL REVISION PETITON No.1752 of 2013 and M.P.No.1 of 2013 R.S.Gomathi .. Petitioner vs.

1.T.Rukumaniammal 2.T.Venugopal 3.The Commissioner, Coimbatore Corporation, Coimbatore -01.

4.The Assistant Executive Engineer, Peelameedu Sub-Station, Tamil Nadu Electricity Board, Avinasi Road, Coimbatore - 4. .. Respondents (Respondents 3 and 4 are not necessary parties in the CRP and no relief is claim against them.) Civil Revision Petition filed under Article 227 of the Constitution of India to strike off the suit in O.S.No.766 of 2013 on the file of the learned I Additional District Munsif, Coimbatore.

For Petitioner ...

Mr.N.Anand Venkatesh For 1st Respondent ... Mr.J.Franklin For 2nd Respondent ... Mr.R.Bharathkumar For Respondents 3 and 4 ... Given up

O R D E R

This civil revision petition is filed to strike off the suit in O.S.No.766 of 2013 on the file of the learned I Additional District Munsif, Coimbatore.

2. When the matter is taken up for hearing, Mr. N.Anand Venkatesh, learned counsel for the revision petitioner has fairly submitted that the suit is already posted for trial. Hence, at this stage, he has not insisted this Court for main relief sought for in the civil revision petition and requested to give direction for speedy disposal of the suit, which is pending before the trial Court. 3.The learned counsel for the respondent has also accepted the submission made by the learned counsel for the petitioner.

4. In view of the fair submission made by the learned counsel for the petitioner, this Court is inclined to direct the learned trial Judge to dispose of the suit. Accordingly, the learned I Additional District Munsif, Coimbatore is directed to take up the suit in O.S.No.766 of 2013 and dispose of the same as early as possible, preferably within a period of nine months from the date of receipt of a copy of this order.

5. The respective parties are at liberty to raise their contentions before the trial Court and the same may be considered in accordance with law.

6. The civil revision petition is disposed of accordingly. There is no order as to costs. Consequently, connected miscellaneous petition is closed.

07.10.2016 Index:Yes/No Internet:Yes/No To The learned I Additional District Munsif, Coimbatore.

S.M.SUBRAMANIAM.J cla C.R.P.(PD)No.1752 of 2013 07.10.2016