Srinivasan v. Noor Mohammed
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2019 C O R A M THE HONOURABLE MRS.JUSTICE R.HEMALATHA C.R.P (PD).No.2249 of 2019 Srinivasan .. Petitioner Vs.
1.Noor Mohammed 2.Rafeeq Ahammed 3.Akbhar Basa 4.Yasin Hussain 5.Shamshath 6.Bashir Ahamad ..Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to issue direction to the learned Sub Court, Kallakurichi to dispose of the suit in O.S.No.17 of 2016 on its file. For Petitioner : Mr.N.Manoharan *****
O R D E R
The Civil Revision Petitioner is the second defendant in OS.No.17 of 2016 on the file of Sub Court, Kallakurichi. He has filed the present revision petition to dispose of the suit in O.S.No.17 of 2016 within the time frame fixed by the Court.
2. Since the scope of the present revision petition is very limited, notice to respondents is dispensed with.
3. Mr.N.Manoharan, learned counsel appearing for the petitioner contended that though the suit was posted for trial in the list on 02.08.2016, till date trial has not commenced in the suit. In this regard, he also drew the attention of this Court to the notes paper orders passed by Principal Sub-Judge, Kallakurichi.
4. A perusal of the notes paper clearly shows that though the defendant filed his written statement on 01.08.2016 and the suit was posted on 22.09.2016 in the special list, no witness has been examined on the side of the plaintiff till date and the case is being adjourned periodically by the Principal Subordinate Judge, Kallakurichi without assigning any valid reason.
5. In the facts and circumstances, the Principal Sub Judge, Kallakurichi is directed to dispose of the suit in O.S.No.17 of 2016 within a period of six months from the date of receipt of a copy of this order.
6. The Civil Revision Petition is disposed of accordingly. No costs. 15.07.2019 bri
Index : Yes/No Internet : Yes/No Speaking/non-speaking order To The Sub Court, Kallakurichi.
R.HEMALATHA,J.
bri C.R.P (PD).No.2249 of 2019 15.07.2019