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Madras High CourtCRP/3843/2022disposed of

P. Therasasindhu v. P. Kumar @ Alex Lurthuraj

2022-11-24Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR P.Therasasindhu

...Petitioner

Versus

1. P.Kumar (a) Alex Lurthuraj

2. P.Sathishkumar ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, pleased to direct the District Munsif Court, Avinasi to dispose of the Original Suit in O.S.No.182 of 2019 within a stipulated time as framed by this Court.

For Petitioner :M/s.Revathi Manivannan O R D E R The Civil Revision Petition is filed seeking a direction to the District Munsif Court, Avinasi to dispose of the original suit in O.S.No.182 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 respondent herein filed a suit for bare injunction and also for declaration that gift deed dated 24.01.2018 are null and void and for further relief. The first defendant in the suit is the revision petitioner.

4. The perusal of E-Court entry furnished in the typed set of papers would suggest that the first defendant filed his written statement as early as 29.07.2020. D2 appeared to have been set exparte on 03.09.2021. The matter was posted for framing of issues on 03.09.2021 and thereafter, there has been no substantial progress in the suit. It is stated that the third defendant was passed away and the suit has been adjourned from time to time from September 2021 onwards for taking steps to bring the legal representatives on record without any substantial progress.

5. In these circumstances, having regard to the fact the suit is of the year 2019, this Court is inclined to issue a direction to the Court below to dispose of the suit within a period of nine (9) months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition stands disposed of. No Costs.

24.11.2022 nti Index: Yes/ No Speaking Order / Non-Speaking Order Note: If the petitioner has submitted the original plaint at the time of filing the Civil Revision Petition, Registry is directed to return the same.

To The District Munsif Court, Avinasi.

S.SOUNTHAR , J.

nti 24.11.2022