Ponnusamy v. Subramaniam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ponnusamy ... Petitioner Vs

1. Subramaniam

2. Selvakumar ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, pleased to issue direction to dispose of the suit in O.S.No.210 of 2015 on the file of the Additional District Munsif Court, Tiruchengode, as expeditiously as possible, within the time frame fixed by this Court. For Petitioner :

Mr.R.T.Vishnu

O R D E R

This Civil Revision Petition has been filed by the petitioner seeking for a direction to the Additional District Munsif Court, Tiruchengode, to dispose of suit in O.S.No.210 of 2015 as expeditiously as possible. 1 / 5

2. Learned counsel for the petitioner submitted that the petitioner is the defendant in the suit filed by the respondents/plaintiffs in O.S.No.210 of 2015 on the file of the Additional District Munsif Court, Tiruchengode, seeking for a permanent injunction. He further submitted that the petitioner has filed a written statement as early as 13.06.2016 and the issues were framed on 16.08.2016. thereafter, the suit was posted for trial on 23.08.2016. He further submitted that the respondents/plaintiffs have after much delay let in evidence and have been filing petitions one after another along with the suit and have been dragging the trial for almost nine years after commencement of trial. He also submitted that PW1, after examining in chief on 15.02.2024, 07.03.2024 and 15.03.2024, did not appear before the trial Court and has been evading the cross examination.

3. He further submitted that the respondents/plaintiffs have been conducting the suit only with an intention to prolong the suit against the petitioner and also, preventing the petitioner from the peaceful possession and the enjoyment of the suit property. Hence, the present petition has been filed seeking for a direction to the trial Court to dispose of suit in O.S.No.210 of 2015 as expeditiously as 2 / 5

possible.

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

5. On perusal of records, it is seen that the suit was filed by the respondents/plaintiffs in the year 2015 and the same was pending for a period of nine years without any progress. In view of the above, this Civil Revision Petition stands allowed with a direction to the learned Additional District Munsif Court, Tiruchengode, to dispose of the suit in O.S.No.210 of 2015, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. No costs.

08.08.2024 Index : Yes / No ham To The Additional District Munsif Court, 3 / 5

Tiruchengode.

A.D.JAGADISH CHANDIRA, J.

ham 4 / 5

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