Sri Gomathi Amman Cotton v. The P.S.B.Spinning & Weaving

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.R.P (PD).No.1730 of 2014 and M.P.Nos.1 and 2 of 2014 Sri Gomathi Amman Cotton Company By its Authorised Signatory Partner N.A.Ramaraju Son of Annama Raja No.1, Maruthi Nagar Extension, Gandhi Nagar, Gobichettipalayam Post and Taluk, Erode District.

.. Petitioner/plaintiff vs 1.The P.S.B. Spinning & Weaving Mills, Having its office at No.220/1, Settithottam, Ellapalayam, Gandhi Ashram Post, Sithalanthur, Tiruchengode Taluk.

2.The P.S.B. Spinning & Weaving Mills, Sithalanthur by its Proprietor, P.S.Balasubramaniam, No.220/1, Settithottam, Ellapalayam, Gandhi Ashram Post, Sithalanthur, Tiruchengode Taluk.

.. Respondents/defendants

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 18.11.2013 made in I.A.No.268 of 2012 in O.S.No.62 of 2012 on the file of Subordinate Judge's Court at Tiruchengode.

For Petitioner : Mr.Venkareswamy Babu For Respondents : Mr.V.S.Kesavan

O R D E R

The petitioner has filed the present civil revision petition against the fair and decreetal order dated 18.11.2013 made in I.A.No.268 of 2012 in O.S.No.62 of 2012 on the file of the Court of the Subordinate Judge at Tiruchengode.

2. The petitioner in the above suit, had filed an intelocutory application under Order 38 Rule 5 of C.P.C., for attachment of the suit property. The said intelocutory application was dismissed without cost by the impugned order.

3. Aggrieved by the same, the petitioner has preferred the present civil revision petition. No stay was granted by this Court at the time of the admission of the present civil revision petition. If the present civil revision petition had not been filed, the suit itself would have been decided one way or the other. However, it appears in view of the present civil revision

petition the suit filed, the suit may not been taken up for hearing. Both the counsel are not able to enlighten the about current status of the suit.

4. As more than six years had lapsed from the passing of the impugned order, I am of the view that, ends of justice will be met if the Court below as directed to dispose the suit within the stipulated period of six months from the date of receipt of the copy of this order if it has not been already disposed.

5. Accordingly, the Civil Revision Petition stands disposed with the above observation. No costs. The connected Miscellaneous Petitions are also closed.

25.04.2019 arb Index : Yes/No Internet : Yes/No Speaking : Non-speaking order C.SARAVANAN,J.

arb To The Subordinate Court, Tiruchengode.

C.R.P (PD).No.1730 of 2014 and M.P.Nos.1 and 2 of 2014 25.04.2019