C.Mahesh v. Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI C.Mahesh ...

Petitioner -Vs1.Kavitha 2.The Senior Divisional Retail Sales Manager Divisional Office - Indian Oil Corporation Ltd., Salem-Bangalore Byepass Road, Kondalampatti, Salem.

... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the District Munsif Court, Palacode to dispose of the petition in OS No.48/2020 on merits and in accordance with law within a time frame as stipulated by this Hon'ble Court by allowing the present CRP.

For Petitioner :

Mr.N.Vijaya Basker 1/4

ORDER

The Revision Petitioner herein is the 1st defendant in the suit in O.S.No.48 of 2020 on the file of learned District Munsif, Palacode and he has filed this Civil Revision Petition seeking for the relief of speedy disposal stating that it is a second round of litigation. Already a suit in O.S.No. 20 of 2019 was filed between same parties and ended in compromise. But, without producing the terms of compromise, again the plaintiff filed a suit in order to harass the defendants seeking the relief of permanent injunction and other consequential relief. Now, the statement was also filed by the Revision Petitioner.

2. Since the relief claimed by the Revision Petitioner only seeking a direction for a speedy disposal, the notice to the respondents is dispensed with.

3. Considering the facts and circumstances and also the fact that it is a second round of litigation, this Court is inclined to direct the trial judge to commence the trial and dispose the case as expeditiously as possible 2/4

within a period of five months from the date of receipt of copy of this order, since because the revision petitioner is put to harassment. Accordingly, this Civil Revision Petition is disposed of. No costs. 28.11.2023 Index : Yes/No Speaking Order : Yes/No rpp To The District Munsif, Palacode.

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T.V.THAMILSELVI, J.

rpp 28.11.2023 4/4