Muthumanickam v. Murugasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5231 of 2025

1. MUTHUMANICKAM S/o. Late. Angamuthu Padayatchi, Ramanathapuram Post, Belur Via, Valappady Taluk, Salem Dist.

Petitioner(s) Vs

1. MURUGASAN S/o. Late. Angamuthu Padayatchi, No. 1/127, Mariamman Kovil Street, Jagirkondalampatty, Kondalampatty Post, Salem 636010 2.Vasudevan S/o. Late. Angamuthu Padayatchi Ramanathapuram Post, Belur Via, Valappady Taluk, Salem Dist.

3.Vajravel S/o. Late. Angamuthu Padayatchi Ramanathapuram Post, Belur Via, Valappady Taluk, Salem Dist.

4.Venkatachalam alias Sankar S/o. Late. Govinda Padayatchi Ramanathapuram Post, Belur Via, Valappady Taluk, Salem Dist.

5.Devaki, W/o. Balachandaran, Kottavadi Road, S.Valappady Post and Taluk, Salem Dist.

6.M.Siva S/o. Murugesan No. 194/15D-A2, Vanniyar Nagar, Near Kaliamman Koil, Three Roads, Pallappatty, Salem 636004 Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to direct the District Munsif cum Judicial Magistrate Court at Vazhapadi to dispose the suit in OS No. 22/2019 on its file by fixing a time frame as fixed by this Court.

For Petitioner(s):

Mr. T. Panchatsaram

ORDER

This civil revision petition is filed seeking direction to the learned District Munsif cum Judicial Magistrate, Vazhapadi to dispose of the suit in O.S.No.22 of 2019, within a time frame, fixed by this court.

2. The petitioner herein has filed the above said suit for declaration and permanent injunction, originally before the learned District Munsif Court, Salem, in the year 2014. The said suit was subsequently transferred to the file of the learned District Munsif cum Judicial Magistrate, Vazhapadi and re-numbered as O.S.No.22 of 2019.

3. A perusal of the adjudication papers would indicate that the plaintiff's evidence was closed as early as on 05.08.2016. Thereafter, there is no much progress in the Trial. It is also seen from the papers that DW1 was cross examined on 19.09.2024 itself. Thereafter, the matter has been simply adjourned for defendant's side further evidence. Taking into consideration that the main suit was filed in the year 2014 and the evidence of plaintiff side was closed during the year 2016 itself and subsequently there is no substantial progress in the suit for the past 10 years, this court is inclined to fix a outer time limit for disposal of the suit. The facts narrated above would indicate that this is one of the exceptional cases, warranting this court to exercise its supervisory power under Article 227 of Constitution of India to fix a time limit.

4. The learned District Munsif cum Judicial Magistrate, Vazhapadi is directed to dispose of the suit in O.S.No.22 of 2019 pending on his file, as expeditiously as possible, preferably, within 9 months from the date of receipt of copy of this order.

5. With the above direction, this civil revision petition is allowed. There shall be no order as to costs.

31-10-2025 Internet: yes Index: Yes/No MST To The District Munsif cum Judicial Magistrate, Vazhapadi.

S.SOUNTHAR J.

MST CRP No.5231 of 2025 31-10-2025