N.Kumar Ramesh v. T.Sugavaneasvaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM N.Kumar Ramesh ... Petitioner Vs.

1.T.Sugavaneasvaran 2.Sudha 3.K.P.Govindasamy 4.The Sub Registrar Suramangalam Sub Registration Office Salem

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India for a direction to the learned Additional District Munsif Court No.III, Salem to dispose the above OS. No.203 of 2019 as expeditiously as possible, within the time stipulated. For Petitioner : Mr.G.Mutharasu

O R D E R

The civil revision petition is filed for a direction to the learned Additional District Munsif Court No.III, Salem to dispose the above OS. No.203 of 2019 as expeditiously as possible, within the time stipulated.

2. The petitioner is the third defendant, first respondent is plaintiff and second, third and fourth respondents are first, second and fourth defendants in OS No.203 of 2019. The first respondent/plaintiff has filed the suit for declaration of the sale deed of second and third defendants dated 06.03.2019 bearing registration No.1467 of 2019 on the file of the fourth defendant executed by the first defendant as non-est and null and void and for permanent injunction against the defendants 2 and 3. According to the petitioner, trial has been commenced and defendants also examined. Thereafter, the trial court has periodically adjourned the suit without the cross examination of the defendants. Hence, the petitioner has filed the present civil revision petition for a direction to the trial court to dispose the said suit within a time frame.

3. Learned counsel for the petitioner submits that trial has been commenced and defendants also examined. However, the trial court without the cross examination of the defendants, adjourning the case periodically. Hence, he seeks for a direction to the trial court to dispose the said suit

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. On a perusal of the proceedings of the court, it is noticed that the case is now pending for cross examination of defendants and the case is periodically adjourned for cross examination without any valid reason.

6. Considering the periodical adjournment for cross examination of defendants and pendency of the case from the year 2019, the trial court is hereby directed to complete the trial and dispose the case, within a period of two months from the date of receipt of a copy of this order.

7. With the above directions, the civil revision petition is disposed of. There will b no order as to costs.

31.01.2024 Index: Yes/No Internet: Yes/No mrn

V.SIVAGNANAM , J., mrn 31.01.2024