R.A.A.S.Arun v. Y.Sivagami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.A.A.S.Arun ... Petitioner vs

1. Y.Sivagami

2. M.Indumathi R1 and R2 rep by their Power Agent V.Eswar

3. J.Saroja @ Saaraal

4. J.Umavathi @ Beulah Evangelin

5. Bharat N.Mehta

6. Pavan Halalka

7. Narendra Harlalka

8. Munnalal

9. Dharmachand Jain

10. Rajkumar Lodhra

11. Goutham Chand Jain

12. The Hinduja Leyland Finance, No.167 to 169, Anna Salai, Saidapet, Chennai - 600 015.

... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to direct the II Additional District and Sessions Court, Tiruvallur, Poonamallee to dispose the suit in O.S.No.430 of 2019 within time to be fixed by this Court.

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For Petitioner : Mr.D.Senthil Kumaar

ORDER

The civil revision petition is filed seeking a direction to the II Additional District and Sessions Court, Tiruvallur, Poonamallee, to dispose of the suit in O.S.No.430 of 2019 within the time stipulated by this Court.

2. Having regard to the limited prayer made in this revision, this court is inclined to dispose of the Civil Revision Petition even without notice to the respondents.

3. The first and second respondents filed a suit for declaration and injunction against the petitioner and other respondents in O.S.No.430 of 2019. A perusal of the E-Court entry furnished in the typed set of papers would suggest that the written statement of defendants except D4, D5 and D11 were filed as early on October 2020 and the suit has been adjourned from time to time for filing of written statement of D4, D5 and D11 and finally, they were set exparte on 21.09.2021.

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4. It appears thereafter, D11 has filed an application to set aside the exparte decree and the exparte decree passed against him has been set aside. However, D11 has not filed any written statement so far and the suit has been adjourned from time to time giving opportunity to file written statement.

5. Taking into consideration the suit is of the year 2019 and pleadings in the suit is not yet completed. This Court is inclined to issue a direction to the Court below to dispose of the suit as expeditiously as possible preferably within a period of nine (9) months from the date of receipt of a copy of this order.

6. With the above direction, this civil revision petition stands disposed of. No costs.

16.11.2022 Index : Yes / No Speaking Order : Yes / No nti 3/4

S.SOUNTHAR, J.

nti To The II Additional District and Sessions Court, Tiruvallur, Poonamallee.

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