Madras High CourtCRP/3557/2023disposed of

Shanthi Visweswar v. K.Thirunavukkarasu

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.3557 of 2023 Shanthi Visweswar ... Petitioner Vs.

1. K.Thirunavukkarasu, S/o. Krishnan

2. D.Shantha, W/o. M.S.Dinakaran ... Respondents PRAYER: Civil Revision Petition filed under Art. 227 of Constitution of India, praying to issue a direction to the learned District Munsif at Tambaram to dispose of the suit in O.S.No.169 of 2017 within a time frame as fixed by this court.

For Petitioner : Ms.T.Dharani 1/4

O R D E R

The revision petitioner is the 2nd defendant in the suit in O.S.No. 169 of 2017, which was filed by the 1st respondent/plaintiff seeking for the relief of permanent injunction.

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

3. The learned counsel for Revision Petitioner would submit that the suit was filed in the year of 2017 seeking for permanent injunction by the 1st respondent. Issues were framed. Plaintiff was examined as P.W.1 on 25.01.2023. Thereafter, as per e-court status, for marking of document, P.W.1 evidence was adjourned by the trial court for several hearings. Due to the filing of suit, both the defendants, who are aged about more than 64 years and 75 years suffered. In respect of usage of pathway for convenient ingress and egress, the suit was filed. Hence, the Revision Petitioner prayed for speedy disposal.

2/4

4. E-court status perused. Considering the fact that for evidence of P.W.1, the case was adjourned for nearly 10 years and there is no progress in the trial proceedings and also on considering the reasons assigned by the Revision Petitioner justifiable one, both were senior citizens, aged about more than 64 years, this court is inclined to direct the trial judge to complete the trial and dispose the suit as early as possible within a period of four months from the date of receipt of copy of this order. 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, Tambaram.

3/4

T.V.THAMILSELVI, J.

rpp C.R.P.No.3557 of 2023 03.10.2023 4/4