Madras High CourtCRP/3101/2023disposed of

Go.Neelahram v. Thampi Unnikrishnan

2023-08-30Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 3101 of 2023 1.Go.Neelahram 2.N.Sreeniranjan . . . Petitioners

Versus

Thampi Unnikrishnan . . . Respondent PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India to issue appropriate directions to the learned Principal District Judge, Kancheepuram @ Chengalpattu to expedite the trial of the suit in O.S.No.33 of 2022 and to complete the trial within a time bound manner. For Petitioners :

Mr.E.J.Ayyappan

O R D E R

Heard Mr.E.J.Ayyappan, learned counsel for the petitioners and perused the records.

2. This revision petition is filed seeking expeditious disposal of Page No.1/4

O.S.No.33 of 2022, pending on the file of the Principal District Court, Kancheepuram @ Chengalpattu.

3. The learned counsel for the petitioners submitted that the petitioners/plaintiffs have filed the suit in O.S.No.33 of 2022 seeking for specific performance against the respondent/defendant. It can be gathered from the adjudications of the trial Court filed along with this petition that the suit has been adjourned on three different hearing dates between 12.12.2022 up to 11.08.2023, for framing issues, in spite of filing of Draft Issues by the petitioners/plaintiffs on 15.02.2023.

4. The learned counsel for the petitioners further submitted that the petitioners/plaintiffs have suffered a lot on account of deliberate failure to repay the mortgage loan amount by the defendant and that the first petitioner is aged about 67 years and mortgage loan amount payable by the defendant is the last reliable source of income to the first petitioner. Hence, the learned counsel for the petitioners sought a direction for speedy disposal of the suit in O.S.No.33 of 2022.

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5. Considering the facts and circumstances and the submissions made by the learned counsel for the petitioner, this Civil Revision Petition is disposed of, directing the learned Principal District Judge, Kancheepuram @ Chengalpattu to frame issues and complete the trial and dispose of the suit in O.S.No.33 of 2022, as expeditiously as possible. There shall be no order as to costs.

30.08.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To The Principal District Judge, Kancheepuram @ Chengalpattu.

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V.BHAVANI SUBBAROYAN, J., ms 30.08.2023 Page No.4/4