V.S. Gunaseelan v. V. Rajasekar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2023 CORAM :
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI C.R.P.Nos.3908 of 2023, 3909 of 2023 and 3891 of 2023 --- 1.V.S.Gunaseelan 2.Brindhadevi 3.Dr.G.Om.Prakash ... Petitioners in all CRPs Vs.
J.Rajasekar ... Respondent in all CRPs COMMON PRAYER: Civil Revision Petition filed Under Article 227 of Constitution of India, praying to dispose of the suit in O.S.No.183 of 2020, 280 of 2021(O.S.No.259 of 2019) and O.S.No.107 of 2021 (O.S.No.184 of 2020) respectively on the file of the Principal District Court, Coimbatore within the time framed fixed by this Court.
For Petitioner in all CRP:
Mr.L.PalaniMuthu 1\4
COMMON O R D E R The petitioner has filed these petitions to dispose of the suit in O.S.Nos.183 of 2020, 280 of 2021(O.S.No.259 of 2019) and O.S.No.107 of 2021 (O.S.No.184 of 2020) respectively on the file of the Principal District Court, Coimbatore.
2. The learned counsel for the petitioner submitted that the respondent prolonged the suit for getting unnecessary adjournment and drag on the proceeding since March 2020. Now the suit is still pending for filling written arguments. Hence, he seeks to dispose of the suit at an early date.
3. The revision petitioner herein is the plaintiff in O.S.No.183 of 2020 and defendants in O.S.No.280 of 2021 and O.S.No.107 of 2021 for by declaring that the Memorandum of Understanding dated 07.10.2015 entered into between the plaintiffs and the defendant is unenforceable and does not bind upon the plaintiffs and consequential injunction restraining the defendants from in any manner claiming any right or possession in the suit 2\4
property as per the recitals of Memorandum of Understanding dated 07.10.2015 and restraining the defendant from entering upon or to put up any further construction in the suit property or otherwise disturb with the plaintiffs possession and enjoyment in the suit property, by way of permanent injunction in the suit and other consequential reliefs.
4. The 1st petitioner is aged about 72 years and the 2nd petitioner is aged about 61 years. The respondent appeared and filed the written statement and the case is posted for arguments before the trial Court. But the same was adjourned on various dates. On perusal of the E-Court proceedings, even after completion of the evidence, the learned trial Judge posted the case for written arguments, therefore the reason assigned by the petitioners is justifiable and considering the age of the petitioners this Court is directed the learned Principal District Judge, Coimbatore to dispose of the suits within a period of eight weeks from the date of receipt of a copy of this Order.
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T.V.THAMILSELVI, J.
rri
5. Accordingly, the Civil Revision Petitions are allowed. No costs. 19.10.2023 Index : Yes/No Speaking/Non Speaking order rri To
1. The Principal District Court, Coimbatore 2.The Section Officer, VR-Section, High Court of Madras.
C.R.P.Nos.3908 of 2023, 3909 of 2023 and 3891 of 2023 4\4