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Madras High CourtCRP(MD)/107/2022allowed

Rajappan v. Franklin

2022-01-31Honourable Ms. Justice P.T. Asha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2022

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Rajappan ... Petitioner/Plaintiff/ Defendant -vs1.Franklin 2.Village Administrative Officer, Pacode 'A' Village, Pacode Post, Vilavancode Taluk, Kanyakumari District.

3.Tahsildar, Vilavancode Taluk, Kuzhithurai Post, Kanyakumari District.

4.District Collector, Kanyakumari District, Nagercoil & post, Agastheeswaram Taluk, Kanyakumari District.

... Respondents Prayer :- Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Kuzhithurai to dispose the O.S.No.173 of 2019 within a stipulated period that may be fixed by this Court.

For Petitioner : Mr.S.Sivakumar For R2 to R4 : Mr.N.Ga.Natraj Government Advocate

ORDER

The above application is filed seeking an early disposal of O.S.No.173 of 2019 on the file of the Sub Court, Kulithurai. 2.The B-diary extracts would indicate that the issues have been framed in this matter on 12.08.2021 and the matter was adjourned for list of witnesses and documents on 25.11.2021 and on that date, the 1/3

matter has been adjourned to 24.02.2022 for trial. 3.Therefore, the learned Subordinate Judge, Kuzhithurai, is directed to dispose of the suit in O.S.No.173 of 2019 on or before 31.07.2022. The plaintiff, who is today before this Court as revision petitioner shall definitely open his evidence on 24.02.2022, failing which, on adjournment shall be granted only on payment of cost of Rs.5,000/- to the defendants. Every adjournment will entitle the plaintiff to pay cost to the defendant. 4.With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) cp Note:-In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Subordinate Judge, Kuzhithurai, Kanyakumari District.

2.Village Administrative Officer, Pacode 'A' Village, Pacode Post, Vilavancode Taluk, Kanyakumari District.

3.Tahsildar, Vilavancode Taluk, Kuzhithurai Post, Kanyakumari District.

4.District Collector, Kanyakumari District, Nagercoil & post, Agastheeswaram Taluk, Kanyakumari District.

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+1 CC to M/s.SPL.GP ( SR-3374[F] dated 01/02/2022 ) +1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-3426[F] dated 01/02/2022 ) Dated: 31.01.2022 RD(16.02.2022) 3P 7C 3/3