Rajendran v. Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Rajendran ... Petitioner ..vs..

1. Rajendran

2. The District Collector, Ariyalur District, Ariyalur.

3. The Tahsildar, Ariyalur Taluk, Ariyalur District.

4. The Village Administrative Officer, Sannavoor (South) Village, Ariyalur Taluk, Ariyalur District.

... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the District Munsif Court, Ariyalur to dispose of the suit in O.S.No.72 of 2021 within a time frame as fixed by this Court.

For Petitioner :

Mr.T.Leninkumar 1/5

O R D E R

This Civil Revision Petition has been filed for a direction to the learned District Munsif, Ariyalur to dispose of the suit in O.S.No.72 of 2021 within the stipulated time that may be fixed by this Court.

2. The petitioner is the plaintiff and the respondents are the defendants in O.S.No.72 of 2021 filed by the petitioner.

3. The case of the petitioner is that the petitioner filed the said suit for permanent injunction, restraining the respondents from disturbing his peaceful possession and enjoyment of the suit schedule property and to restrain the respondents from mutating the revenue records in respect of the suit property.

4. The learned counsel for the petitioner submitted that after filing of the written statement, there is no progress in the above suit for the past two years and the petitioner is really affected person of the suit schedule 2/5

property. He further submitted that the suit is ripped for trial and it is posted for framing of issues, the respondents are dragging on the suit without coming forward to contest the same. Now, the petitioner is a Senior Citizen, who is aged about 62 years and suffering from severe health ailments, but only to harass the petitioner, the respondents are dragging on the said suit. Therefore, the petitioner has filed the present civil revision petition for a direction to the learned District Munsif, Ariyalur to dispose of the suit in O.S.No.72 of 2021 within the stipulated time that may be fixed by this Court.

5. Heard the learned counsel for the petitioner and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, the learned District Munsif, Ariyalur is directed to dispose of the suit in O.S.No.72 of 2021, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order and file report in that regard before this Court after disposal of that suit. The parties to the suit are 3/5

directed to co-operate with the trial, without seeking any unnecessary adjournments on flimsy grounds.

7. Accordingly, this Civil Revision Petition is disposed of with the aforesaid direction. No costs.

26.07.2023 Index : Yes/No Speaking/Non-speaking order kv To The District Munsif, Ariyalur.

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V.BHAVANI SUBBAROYAN,J.

kv 26.07.2023 5/5