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Madras High CourtCRP(MD)/162/2021allowed

A.Ashokan, v. J.Umamaheswari,

2021-02-09Honourable Mr Justice B.Pugalendhi2 pages

C.R.P.(MD)No.162 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.162 of 2021 1.A.Ashokan 2.Vijayarani 3.Umadevi 4.Tamilselvi 5.Usha 6.Amuthavalli 7.Hemalatha ... Petitioners/Defendants Vs.

J.Umamaheswari ... Respondent/Plaintiff Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif Court, Madurai Town to dispose of the suit in O.S.No.141 of 2018 within a time frame as fixed by this Court by allowing the civil revision petition.

For Petitioners : Mr.M.Ponniah

ORDER

This civil revision petition has been filed to direct the learned Principal District Munsif Court, Madurai Town to dispose of the suit in O.S.No.141 of 2018 within a time frame. 2.The learned counsel for the petitioners submitted that the petitioners are defendants in O.S.No.141 of 2018, and the respondent as plaintiff filed the above suit for a permanent injunction restraining the petitioner from entering into the suit property and insisting the respondent to vacate the house, without following due process of law. The grievance of the petitioner is that the respondent after filing the above suit, without any valid reason is dragging on the matter without pursuing the matter. The suit is pending from the year 2018, without any progress.

Hence, the petitioners have approached this Court by filing this Civil Revision Petition seeking a relief to dispose the suit in O.S.No.141 of 2018 on the file of the Principal District Munsif Court, Madurai Town within a stipulated time as fixed by this Court. 3.Heard the learned counsel for the petitioner and perused the https://hcservices.ecourts.gov.

C.R.P.(MD)No.162 of 2021 materials available on record.

4.Since this Civil Revision Petition is filed for early disposal of the suit in O.S.No.141 of 2018 and as no adverse order is going to be passed, notice to the respondent is not necessary. 5.Considering the facts and circumstances of the case and considering the fact that the petitioners are aged persons, this Court feels that ends of justice would be met by directing the Court below to dispose of the case within a time frame. Without adverting to the merits of the case, a direction is issued to the Principal District Munsif Court, Madurai Town to dispose the suit in O.S.No.141of 2018 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. If the respondent evades notice, the learned Judge shall proceed in the manner known to law.

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

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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 The Principal District Munsif Court, Madurai Town.

+1 CC to M/s.M.PONNAIAH, Advocate ( SR-4814[F] dated 12/02/2021 ) C.R.P.(MD)No.162 of 2021 09.02.2021 KK(03.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2