Madras High CourtCRP(MD)/193/2023allowed

Mohamed Ussain v. Kudpudeen

2023-06-22Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.Mohamed Ussain 2.Sabeer Rahman 3.Asmil Aafir 4.Abubukkar Siddiq ... Petitioners -vs1.Kudpudeen 2.Abdul Sukkoor 3.Subuhani 4.Paritha Beevi 5.Beer Mohamed 6.Bousiya 7.Rakumathullah 8.Dhansila 9.Huvaithu Nisha 10.Sameem Ali 11.Jannathul Rukkaiah 12.Seeni Mohammed 13.Kadhar Beer Ibramsha 14.Abdul Rahim 15.Abdul Hasan 16.Syed Abubakkar Natchi Ummal 17.Kupra Ammal 18.Abdul Kabur 19.Jamal Mohammed 20.Mydeen Alla Pitchai 21.Thajudeen ... Respondents 1/4

PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to direct the learned Sub Judge, Mudukulathur, to dispose the trial in O.S.No.80 of 2017.

For Petitioners : Mr.K.Kumaravel For Respondents 1 & 2 : No Appearance For Respondents 3 to 21: Dismissed as withdrawn

ORDER

This Civil Revision Petition has been filed to direct the learned Sub Judge, Mudukulathur, to dispose the trial in O.S.No.80 of 2017. 2.The petitioners are the defendants 2, 3, 5 and 6 before the Sub Court, Mudukulathur. The suit has been filed by the respondents 1 and 2 for declaration.

3.It is the case of the petitioners, though the suit is of the year 2017, considering the fact that there are several defendants and the case was transferred from the Court to another and the other respondents were added as defendants. Subsequently, the suit has not proceeded further with the commencement of the trial.

4.Considering the fact that the suit is of the year 2017, this Court is inclined to dispose of civil revision petition by directing the learned Sub 2/4

Court, Mudukulathur to dispose O.S.No.80 of 2017 as expeditiously as possible preferably within a period of 12 months from the date of service of summons.

5.The Civil Revision Petition is allowed with the above direction. No costs.

22.06.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No Mrn To 1.The Sub Judge, Mudukulathur.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

C.SARAVANAN,J.

Mrn 22.06.2023 4/4