Dilip Kumar v. Mathivanan

IN THE HIGH COUR T OF JUDICATURE AT MADRAS

DATED : 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Dilip Kumar

...Petitioner

Vs Mathivanan

...Respondent

Prayer: Civil Revision Petition filed under Article 227 of the Indian Constitution of India to pass a suitable order of direction, directing the Subordinate Judge at Gudiyatham to dispose of the suit in O.S.No.192 of 2016 within the stipulated period.

For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.N.M.Vishnu 1/4

O R D E R

The Civil Revision Petition has been filed to direct the Subordinate Judge at Gudiyatham to dispose of the suit in O.S.No.192 of 2016 within a stipulated time.

2.The petitioner is the plaintiff in the said suit in O.S.No.192 of 2016.

3.The said suit has been filed for specific performance of agreement dated 17.02.2016.

4.The suit was restored on 23.02.2019. As per I.A.No.24 of 2019, P.W.1 was examined and posted for further examination. 5.The present petition has been filed seeking direction to the trial Court to dispose of the case within the stipulated time. 6.The learned counsel for the petitioner has submitted that the suit is of the year 2016. The suit is lying on the file of the learned Subordinate 2/4

Judge at Gudiyatham without any progress. Hence, direction may be given to the trial court to dispose of the O.S.No.192 of 2016within a short period.

7. Learned counsel for the respondent has submitted that the respondent is a senior citizen.

8. Considering the nature of the suit and also the fact that the respondent being a senior citizen and the suit is for specific performance, I am inclined to allow the Civil Revision Petition. 9.Accordingly, this Civil Revision Petition is allowed. The Trial Court is hereby directed to dispose of the case within three months from the date of receipt of a copy of this order. No costs. 07.12.2020 Index:Yes/No Speaking Order: Yes/No vsn 3/4

V.SIVAGNANAM.J, vsn C.R.P.(P.D).No.2205 of 2019 07.12.2020 4/4