P.Apparsamy v. M/S Balaji Theatre

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ CRP(PD) No.1845 of 2019 P. Apparsamy .. Petitioner -vs1. M/s. Balaji Theatre, Puducherry, represented by its Partner Thiru. K. Ramesh having office at No.118, Kamaraj Salai, Puducherry.

2. R. Perumal @ Kaliyaperumal partner M/s. Balaji Theatre, Office at No.118, Kamaraj Salai, Puducherry .. Respondents Prayer: Civil Revision Petition under Article 227 of Constitution of India to issue a direction to the III Additional District Judge, Pondicherry, to dispose off the I.A.No.44 of 2017 in O.S.No.130 of 2008 on the file of the III Additional District Judge, Pondicherry. For Petitioner : Mrs.K.S.Kamatchi O RDER The petitioner is the 2nd defendant in the suit O.S.No.130 of 2008 filed by the 1st respondent. He filed I.A.No.44 of 2017 for appointment

of Receiver to comply with the directions of the judgment and decree. The I.A. was filed on 21.12.2016 and taken on file on 4.1.2017 and eversince it is pending for the past 1 1⁄2 years without disposal.

2. Perusal of the adjudication goes to show that the matter was taken on 4.1.2017 and it is pending in counter stage till 22.3.2019.

3. Considering the long pendency of the case, this Court is inclined to issue a direction to the Court below for earlier disposal of I.A.

4. Accordingly, the III Additional District Judge, Pondicherry is directed to dispose of I.A. No.44 of 2017 in OS.No.130 of 2008 within a period of two months from the date of receipt of a copy of this order. No costs.

5.It is expected that the other respondents in I.A.No.44 of 2017 will cooperate for earlier disposal of the application. No costs. 13.06.2019 msr Index:yes/No Internet:Yes/No speaking order/non-speaking order

M.GOVINDARAJ, J.

msr CRP(PD) No.1845 of 2019 13.06.2019