Madras High CourtCRP/2143/2017disposed of

Sulochana v. Chinnadurai

2020-02-19Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19..02..2020

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Civil Revision Petition No.2143 of 2017 Sulochana

...Petitioner

/2nd Defendant Petitioner -Versus1.Chinnadurai 2.Thambidurai 3.Manimekalai ... Respondents/Plaintiffs/ Respondents Petition filed under Article 227 of The Constitution of India, praying to issue a direction to the learned Principal District Munsif, Tindivanam, Villupuram District, to dispose of the application in I.A.No.1729 of 2014 in O.S.No.249 of 2011 by the learned Principal District Munsif, Tindivanam, Villupuram District, within the time to be stipulated by this court. For Petitioner : Mr.P.Dinesh Kumar

ORDER

This civil revision petition has been filed seeking a direction to the learned Principal District Munsif, Tindivanam, Villupuram District, for early disposal of the application in I.A.No.1729 of 2014 in O.S.No.249 of 2011.

2. The petitioner is the 2nd defendant in the suit. The respondents herein filed the suit against the petitioner for a decree of declaration, declaring that the plaintiff has got absolute title over the suit properties and for a consequential injunction against the defendants restraining them from interfering with the plaintiffs peaceful possession and enjoyment of the suit properties.

3. Pending suit in O.S.No.249 of 2011, the petitioner filed an application under Section 10 of CPC seeking to stay the suit proceedings in O.S.No.249 of 2011 pending disposal of the suit in O.S.No.360 of 2003 on the file of the Principal District Munsif, Tindivanam and S.A.No.1070 of 2003 pending on the file of this court. The grievance of the petitioner that though the arguments were over and orders were reserved as early as in the https://hcservices.ecourts.gov.in/hcservices/

year 2015, so far no order has been passed on the application.

4. Considering the limited nature of the relief sought for in this revision petition and the other facts and circumstances of the case, this court is of the view that no notice is necessary as no prejudice would be caused to the other side if a direction is issued to the court below for early disposal of the application.

5. I have heard the learned counsel for the petitioner and also perused the records carefully.

6. In view of the limited nature of the relief sought for and the submission made by the learned counsel for the petitioner, without going into the merits of the case, this court is inclined to give appropriate direction to the learned Judge for early disposal of the application. Accordingly, the learned Principal District Munsif, Tindivanam, Villupuram, is directed to dispose of the application in I.A.No.1729 of 2014 in O.S.No.249 of 2011 within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kmk To 1.The Principal District Munsif, Tindivanam, Villupuram District. +1cc to Mr.P.Dinesh Kumar, Advocate, S.R.No.14892 C.R.P.No.2143 of 2017 RLD(CO) KKV/24/07/2020 https://hcservices.ecourts.gov.in/hcservices/