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Madras High CourtCRP/2887/2019disposed of

C.R.Seethapathy v. G.Vinoth

2019-08-30Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2019

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ CRP (PD) No.2887 of 2019 & CRP (PD) No.2883 of 2019 C.R. Seethapathy ... Petitioner in both CRPs.

Vs

1. G. Vinoth

2. G.. Murali Ravi Chandran .. Respondents in CRP (PD) No.2887 of 2019

1. G. Murali Ravi Chandran

2. C.R.Manibabu @ Mani (exonerated)

3. C.R.Suseela .. Respondents in CRP (PD) No.2883 of 2019 Prayer in CRP (PD) No.2887 of 2019 &:Civil Revision Petition filed under Article 227 of Constitution of India praying for a direction to be issued to the Court below to dispose of the suit in O.S.No.154 of 2014 on the file of the II Additional Subordinate Judge's Court, Coimbatore within a time frame fixed by this Court.

Prayer in CRP (PD) No.2883 of 2019 &:Civil Revision Petition filed under Article 227 of Constitution of India praying for a direction to be issued to the Court below to dispose of the suit in O.S.No.352 of 2014 on the file of District Munsif Court, Coimbatore within a time frame fixed by this Court.

For Petitioner : Mr. C.R. Prasanan

ORDER

The petitioner is defendant in O.S.No.352 of 2014 and plaintiff in O.S.No.154 of 2014. O.S.No.352 of 2014 is pending before the District Munsif Court, Coimbatore and O.S.No.154 of 2014 is pending before the Sub Court, Coimbatore.

2. Learned counsel for the petitioner would submit that the petitioner is aged about 92 years. He seeks early disposal of O.S.No.154 of 2014 pending before II Additional Subordinate Court, Coimbatore.

3. It is seen that the subject matter of both suits O.S.No.352 of 2014 as well as O.S.154 of 2014 and the parties thereto, are one and the same. Since O.S.No.352 of 2014 is pending before the District Munsif Court, Coimbatore, it is withdrawn from the file of that Court and transferred to the file of II Additional Subordinate Judge, Coimbatore for joint or simultaneous trial, as may be decided by the Court at its discretion.

4. Considering the advanced age of the petitioner, this Court is inclined to issue a direction to the II Additional Sub Judge, Coimbatore to dispose of both the cases O.S.No.154 of 2014 and O.S.No.352 of 2014 within a period of three moths from the date of receipt of a copy of this order.

5. The Civil Revision Petitions are disposed of with the above direction. No costs.

30.08.2019 msr Index:Yes/No Internet: Yes/No To

1. II Additional Subordinate Judge's Court, Coimbatore

2. The District Munsif Court, Coimbatore

M.GOVINDARAJ, J.

msr CRP (PD) No.2887 of 2019 & CRP (PD) No.2883 of 2019 30.08.2019