Madras High CourtCRP(MD)/225/2022allowed

Mumtaj v. Abdul Kapur

2022-02-11Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRP(MD)No.225 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P(MD)No.225 of 2022 Mumtaj ... Petitioner/Plaintiff Vs.

1.Abdul Kapur 2.A.Salim ... Respondents/Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned Principal District Munsif, Kumbakonam, Thanjavur to dispose of the suit in OS.No.23/2021 as expeditiously as possible, within the time stipulated by this Court.

For Petitioner :

Mr.S.Rama Krishnan for Mr.B.Jameel Arasu

ORDER

The revision petition is filed to direct the learned Principal District Munsif, Kumbakonam, Thanjavur to dispose of the suit in OS.No.23/2021 as expeditiously as possible.

2. Since no adverse order against the respondents is supposed to be passed in the present petition, notice to the respondents is dispensed with.

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

4. A perusal of the B - Diary extract of the suit in OS.No.23/2021 shows that, on behalf of the defendants, vakalat has been filed by a counsel on 21.04.2021. However, written statement has not been filed till 08.12.2021. It is pertinent to point out that only a period of 30 days is to be granted for filing written statement. With sufficient and proper reason, it can be extended upto 90 days. In the case on hand, the suit is pending for more than eight months for filing of written statement. In such circumstances, there shall be a direction to the learned Principal District Munsif, Kumbakonam, Thanjavur to expedite the trial and dispose of the suit in OS.No.23/2021 within a period of six months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.225 of 2022

5. With the above direction, the Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mbi To The Principal District Munsif , Kumbakonam, Thanjavur C.R.P(MD)No.225 of 2022 11.02.2022 TP(CO) KB(25.02.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2