M/S.Grahalaya Constructions Pvt. Ltd. v. Porchelvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM M/s Grahalaya Constructions Pvt. Ltd., rep. by its Director Mr.P.Balasubramanian, s/o M.Padmanaban, having office at No.20/2, Karnan Street, Kodambakkam, Chennai 600 024.

Presently office at No.13/19, Shyamala Vadhana Street, West Mambalam, Chennai 600 033.

... Petitioner Vs.

1. Porchelvi

2. Niraichelvi

3. R.Manoharan

4. Banumathi

5. R.Selvakumar

...Respondent

PRAYER: Civil Revision Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Additional District Judge, Chengalpattu to dispose of O.S.No.306/2018, within a time frame, to be fixed by this Court.

For Petitioner : Mr. E.Chandrasekaran

ORDER

This Civil Revision Petition has been filed to direct the learned Additional District Judge, Chengalpattu to dispose of O.S.No.306/2018, within a time frame, as fixed by this Court.

2. On perusal of the records, it shows that the petitioner herein has filed the above said suit for partition against the respondents herein/defendants and in that suit, the first respondent/first defendant has filed her written statement. The case status shows that the suit is pending from the year 2019 to 12.12.2023 for " issue of service ". The learned counsel for the petitioner submitted that subsequently, the suit was posted for trial on 19.01.2024 and since the suit is pending from the year 2019, he sought direction of this court to the Trial Judge for speedy disposal of the case within a time frame.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as

follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the above Court is 1182.

5. Considering the pendency of the cases and also taking note of the fact that suit is pending from the year 2019, the learned Additional District Judge, Chengalpet is directed to dispose of the O.S.No.306/2018, as early as possible.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

05.02.2024 Index: Yes/No Internet: Yes/No mst To The Additional District Judge, Chengalpet.

V.SIVAGNANAM, J., mst 05.02.2024