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Madras High CourtCRP/3508/2023disposed of

S. Sridhar v. Perambalur Dt, Kunnam Tk, On Behalf Of Keezhapuliyur Village

2023-09-26Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.09.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 3508 of 2023

1. S. Sridhar

2. K.Kannan

...Petitioners

.Vs.

Perambalur District Kunnam Taluk, On behalf of Keezhapuliyur Village Aadidravidar People Represented by its Secretary

1. Jayaraman

2. Ammasi

3. Ganesan

4. Subramaniyam

...Respondents

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Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India praying to direct the I District Munsif Cum Judicial Magistrate Court, Kunnam, Perambalur District to dispose O.S.No.202 of 2021 within stipulated time by allowing this Revision petition and pass orders.

For Petitioner : Mr.C. Prakasam

ORDER

This petition is filed seeking a direction to direct the I District Munsif Judicial Magistrate Court, Kunnam, Perambalur District to dispose O.S.No.202 of 2021 within a time frame fixed by this Court.

2. The case of the petitioner is that there was dispute in the subject property with regard to the ownership of possession, due to which the Respondents herein has filed the above suit in O.S.No.443 of 2013 before the District Munsif Court, Perambalur seeking permanent injunction against 2/5

the petitioners herein. Thereafter, the suit is transferred to the District Munsif Court, Kunnam and re-numbered as O.S.No.202 of 2021. However, the suit is pending from the year 2013. Hence, this petition.

3. The learned counsel for the petitioner submitted that the Respondents have filed the suit and they are not interested to prosecute the case and they are seeking adjournments continuously. He further submits that the act of the respondents causes much inconvenience to the petitioner herein. Hence, he prays to allow this petition.

4. The case is of the year 2013 and the same is pending for nearly ten years. On a perusal of adjudication sheet of the Court below it is seen that I.A.No. 2 of 2023 of O.S.No.202 of 2021 filed by the Respondents is also pending. Hence, the learned Judge, I District Munsif cum Judicial Magistrate Court, Kunnam, Perambalur District is directed to initially dispose of the I.A and proceed with the trial and dispose of the O.S.No.202 of 2021 on or before 31.03.2024.

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5. With the above directions, this Civil Revision Petition is disposed of. No order as to costs.

26.09.2023 smn Index : Yes/No Internet: Yes/No To.

1. The I District Munsif Cum Judicial Magistrate Court, Kunnam, Perambalur District 4/5

V.BHAVANI SUBBAROYAN,J.

Smn C.R.P. No. 3508 of 2023 26.09.2023 5/5