Madras High CourtCRP/2647/2023disposed of

Thangavel v. Selvamani

2023-08-02Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN CRP.No. 2647 of 2023 Thangavel .. Petitioner

Versus

1. Selvamani

2. Chinniyan @ Arivazhagan

3. Yasotha

4. Periasamy

5. Thangarasu

6. Balakrishnan

7. Ravichandran

8. Prabhakar

9. Mathaazhagan 10.Dalmia Cement (Bharath) Ltd., 11.Veerapandian 12.Chitrarasi .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, prays to direct the trial Court to dispose of the suit in O.S.No. 268 of 2009 on the file of the District Munsif Court, Ariyalur. For Petitioner :

Mr. R. Sethuvarayar ---

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No. 268 of 2009 on the file of the District Munsif Court, Ariyalur.

2. Heard the learned counsel for the petitioner and perused the records placed on record.

3. It is seent that the the above suit was filed by the revision petitioner/plaintiff for declaration and permanent injunction against the defendants. The 2nd defendant has filed his written statement on 14.11.2016 and the 3rd defendant filed her written statement on 25.02.2016. Both the defendants had filed their written statement after six years. The other defendants had not filed their written statement. The property in question was originally belonged to the petitioner's mother and she had executed a Will in favour of the petitioner. Therefore, the respondents are no way connected to the suit property but they want to prolong the case without any basis.

4. Today, when the case came up for hearing, the learned counsel for the revision petitioner/plaintiff submitted that the matter is posted for evidence on 22.06.2023 and the petitioner is a senior citizen, 89, and he was suffering from various ailments. Therefore, he seeks a direction to the trial Court to expedite the trial and dispose of the suit as expeditiously as possible.

5. Taking into the above facts and in view of the submissions made by the learned counsel for the revision petitioner/plaintiff, this Court is inclined to pass the following order:- The trial Court is directed to dispose of the suit in O.S.No. 268 of 2009 pending on the file of the District Munsif Court, Ariyalur, without giving unnecessary adjournments to the parties concerned within a period of six months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. However, there shall be no order as to costs. 02.08.2023 Index : Yew/No Speaking Order : Yes/No msm To

1. The District Munsif Court, Ariyalur.

2. The Section Officer, High Court, Madras

V. BHAVANI SUBBAROYAN, J msm CRP.No. 2647 of 2023 02.08.2023