Madras High CourtCRP/1920/2012disposed of

N.Palanisamy v. G.Saraswathi

2016-11-04Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 26.10.2016 Delivered on: 04.11.2016

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN C.R.P.(PD)No.1920 of 2012 & M.P.No.1 of 2012 N.Palanisamy .... Petitioner vs

1. G.Saraswathi

2. C.Subramaniam

3. S.Gunasekaran

4. R.Rajavel .... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order of the learned Subordinate Judge, Tiruchengode, dated 28.2.2011 in CMA No.4 of 2010 confirming the order of the Additional District Munsif Court, Tiruchengode, dated 27.10.2009 in IA No.98 of 2009 in O.S.No.198 of 2009. For petitioner :

Mr.P.Valliappan For respondent :

Mr.N.Manokaran for R1&R3 No appearance for R2&R4

ORDER

This Civil Revision Petition has been filed against the order dated 28.2.2011 passed by the learned Subordinate Judge, Tiruchengode, in

CMA No.4 of 2010 confirming the order dated 27.10.2009 passed by the learned Additional District Munsif Court, Tiruchengode in IA No.98 of 2009 in O.S.No.198 of 2009.

2. Heard the learned counsel appearing for both sides and perused the entire material available on record.

3. When this revision petition is taken up for hearing, the learned counsel appearing for the petitioner has fairly submitted that it would suffice if the trial Court is directed to dispose of the suit itself within a time frame without being influenced by any of the observations made in the order dated 28.2.2011 in CMA No.4 of 2010 passed by the learned Sub Judge, particularly the observations made in para 14 of the order.

4. Learned counsel for the respondent, though objected to such disposal, however, on going through the observations made by the learned Sub Judge in the impugned order, this Court is of the view that no prejudice would be caused to the respondent in disposal of the revision on the above terms.

5. Considering the submissions made by the learned counsel for the petitioner, this Civil Revision Petition is disposed of, directing the learned Additional District Munsif, tiruchengode to dispose of the suit in O.S.No.198 of 2009 within a period of six months from the date of receipt of a copy of this order, without being influenced by any of the observations made in para 14 of the impugned order passed by the learned Sub Judge in the order dated 28.2.2011 in CMA No.4 of 2010. No costs. Consequently, connected MP is closed. Index: Yes/No Internet: Yes/No suk 04.11.2016

V.PARTHIBAN, J.

suk Pre delivery Order in CRP PD No.1920 of 2012 04-11-2016 http://www.judis.nic.in