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Madras High CourtCRP/3605/2016disposed of

M/S.N.Selvaradjalou Chetty v. Appasamy@Arumugam(Died)

2016-11-18Honourable Mr Justice K.K. Sasidharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) No.3605 of 2016 M/s.N.Selvaradjalou Chetty Trust Rep. by its Chairman Dr.H.B.N.Shetty, I.A.S., (Retd) No.34, Rajaji Salai, Chennai - 600 001.

...Petitioner

versus Appasamy @ Arumugam (Died) 1.Sivaprakasam 2.T.S.Velayudham 3.P.Kannan 4.Kirubagaran @ Malayalathan 5.V.Kumar @ Elumalai 6.Rajeswari 7.Vani @ Thirumathi 8.Muthu @ Muthammal 9.Union of India Rep. by Chief Secretary Govt. of Union Territory of Pondicherry 10.The Settlement Officer, Pondicherry 11.The Director Survey and Land Records, Pondicherry.

12.The Superintending Engineer, Electricity Department, Pondicherry.

13.Pondicherry Municipality Rep. by its Commissioner, Pondicherry.

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned II Additional District Munsif, Puducherry to dispose of O.S.No.222 of 2006 within a time stipulated by this Court.

For Petitioner : Mr.G.Jeremiah

O R D E R

The plaintiff in O.S.No.118 of 1990, which was re-numbered as O.S.No.222 of 2006 has come up with this Civil Revision Petition to fix an outer time limit for disposal of the suit.

2. In view of the limited prayer made in the Civil Revision Petition, notice to the respondents is dispensed with.

3. The suit in O.S.No.118 of 1990 was filed by the petitioner, praying for a decree of declaration and consequential injunction. The suit was contested by the respondents by filing written statement. The suit was subsequently re-numbered as O.S.No.222 of 2006 and the same is pending on the file of II Additional District Munif Court, Puducherry.

4. The petitioner submitted proof affidavit on 03.11.2011. However, there was no follow up action taken by the respondents to cross examine P.W.1. The petitioner is therefore before this Court.

5. It is really a matter of concern that a suit filed in year 1990 is still kept pending for examination of the plaintiff.

6. The learned II Additional District Munsif, Puducherry, is directed to dispose of the suit in O.S.No.222 of 2006 as expeditiously as possible, and in any case, on or before 31 January 2017 and report compliance to this Court, as it is one of the oldest suits pending adjudication.

7. The Civil Revision Petition is disposed of with the above direction. No costs.

18.11.2016 Index:Yes/No Note : Issue order copy by 24.11.2016

svki K.K.SASIDHARAN, J.

(svki) To The II Additional District Munsif Court, Puducherry C.R.P.(P.D.) No.3605 of 2016 18.11.2016

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