Madras High CourtCRP/3581/2023disposed of

Thangavel v. Madhiayan

2023-10-03Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI C.R.P.No.3581 of 2023 Thangavel ... Petitioner Vs.

1. Madhiayan

2. Thangaraj

3. Pappathi

4. Periasamy

5. Sarasu

6. Kannatti @ Marakkal

7. Veerappan @ Raja

8. Kalaiselvi ... Respondents PRAYER: Civil Revision Petition filed under Art. 227 of Constitution of India, praying to issue a direction to the District Munsif Court, Omalur to to dispose the suit in O.S.No.117 of 2010 within a stipulated by this Court. For Petitioner : Ms.Rathika Boopathi 1/4

O R D E R

The revision petitioner is the plaintiff in the suit in O.S.No. 117 of 2010 and he filed the said suit seeking for the relief of partition and other consequential relief against the defendants.

2. Since the relief is claimed against the trial judge, notice to the respondent is dispensed with.

3. The suit was riped for trial long back. The plaintiff was examined as P.W.1 on 06.03.2017 and thereafter, there is no progress in the trial. Hence, the plaintiff prayed to issue suitable direction.

4. E-court status perused. On 06.03.2017 the trial was begin and the plaintiff was examined as P.W.1 and thereafter for cross-examination of P.W.1, the case was adjourned for several hearings. While so, 1st defendant died, an impleading application was filed and the same was allowed, but for carrying out amendment and also for taking steps, the trial judge given long adjournment without considering the fact that P.W.1 evidence was started in the year of 2017. As the case became part-heard, the trial court is bound to give speedy disposal, but on perusal of records, the learned trial judge has 2/4

not completed the trial as expeditiously as possible. Therefore, on considering the reasons assigned by the Revision Petitioner justifiable one, this court is inclined to direct the trial judge to complete the trial and dispose the suit within a period of four months from the date of receipt of copy of this order without giving unnecessary adjournments. Accordingly, this Civil Revision Petition is disposed of. No costs. 03.10.2023 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To District Munsif, Omalur.

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T.V.THAMILSELVI, J.

rpp C.R.P.No.3581 of 2023 03.10.2023 4/4