← Library
Madras High CourtCMP/22857/2023disposed of

P. Mylsamy v. Ponnusamy

2023-10-31Honourable Mr Justice J.Sathya Narayana Prasad4 pages

C.M.P.No.22857 of 2023 in C.R.P(PD)No.2232 of 2021 J.SATHYA NARAYANA PRASAD, J.

This Civil Miscellaneous Petition has been filed to direct the learned District Munsif Court, Pollachi to dispose of the suit O.S.No.147 of 2016.

2. This Court vide order dated 20.10.2021 has allowed the aforesaid Civil Revision Petition with a direction to the learned District Munsif, Pollachi to dispose of the subject matter suit O.S.No.147 of 2016, preferably within a period of four months from the date of receipt of a copy of this order. This being so, learned Principal District Munsif, Pollachi has written a letter D.No.320/2022 dated 18.05.2022 to the Registrar of this Court regarding extension of time for a period of further four months to dispose of the above said suit. On perusal of the said letter, this Court has extended the time for further period of four months on 13.07.2022.

3. Thereafter, learned Principal District Munsif (FAC), Pollachi has written another letter to the Registrar of this Court vide D.No.1177/2022 dated 23.12.2022, seeking extension of time for further four months to dispose of the suit O.S.No.147 of 2016. However, the learned Principal District Munsif (FAC), Pollachi has written another letter D.No.801/2023 dated 27.09.2023 to the Assistant Registrar of this Court stating that the suit property has not been valued property and therefore, direction was issued to the plaintiff to value the suit property U/Sec 27(a) of Tamil Nadu Court Fees Act and to pay Court fee. Accordingly, the plaintiff valued the suit property and made amendments in the

plaint. After amendment, the suit value is exceeding the pecuniary jurisdiction of this Court. Therefore, the plaint, which has been returned by the Court to be filed before the proper Court, within two weeks from the date of return.

4. In view of the above, subject matter suit O.S.No.147 of 2016 on the file of Principal District Munsif Court, Pollachi has been renumbered as O.S.No.349 of 2023 and transferred to Sub-Court, Pollachi, since the pecuniary jurisdiction of the suit lies with this Court.

5. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that the suit is in argument stage and prayed this Court to issue direction to the learned Subordinate Judge, Pollachi to dispose of the suit O.S.No.349 of 2023, as expeditiously as possible, within a period of three months.

6. In view of the above submission made by the learned counsel for the petitioner, this Court directs the learned Subordinate Judge, Pollachi to dispose of the suit O.S.No.349 of 2023, which was originally numbered as O.S.No.147 of 2016 on the file of Principal District Munsif Court, Pollachi, as expeditiously as possible, within a period of four months from the date of receipt of a copy of this order.

7. This Civil Miscellaneous Petition is disposed of with the observation and direction.

31.10.2023

vm Note: Issue order copy on 02.11.2023 J.SATHYA NARAYANA PRASAD, J.

C.M.P.No.22857 of 2023

31.10.2023