Madras High CourtCRP(MD)/187/2023disposed of

G.Maheswari, v. P.Velkumar,

2023-08-17Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM:

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI C.R.P.(MD)No.187 of 2023 1.G.Maheswari 2.L.Suresh 3.B.Sureka 4.L.Aravind ... Petitioners Vs.

1.P.Velkumar Bakkiyam (died) ... Respondents Prayer :- Petition filed under Article 227 of the Constitution of India, directing the case in O.S.No.109 of 2019 on the file of the District and Sessions Judge, Thoothukudi, Thoothukudi District, to be concluded within a time frame as stipulated by this Court forthwith. For Petitioner : Mr.J.Sankara Pandian

For Respondent : Mr.V.Shanthurthi Raja

ORDER

The petitioners/plaintiffs have come forward with this revision invoking the superintending jurisdiction of this Court under Article 227 of the Constitution of India for an early disposal of the suit in O.S.No. 109 of 2019 filed by them on the file of the District and Sessions Judge, Thoothukudi, Thoothukudi District.

2. According to the revision petitioner, the suit is of the year 2019. From the very beginning of the institution of the suit, the intention of the respondent is only to drag on the proceedings and also he is attempting to make encumbrances over the said property. If the said act of the respondent is allowed to be continued, the petitioners would be seriously prejudiced. However, without any improvement, the said suit is lying before the Court below for more than three years. Further, there will not be any prejudice caused to the respondent, if time has been fixed to dispose the above suit. Hence, he prays to direct the trial Judge to conclude the case within a time frame.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the limited prayer sought for in this revision petition and also considering the facts and circumstances of the case, this Court directs the learned District and Sessions Judge, Thoothukudi District, to dispose of the suit in O.S.No.109 of 2019, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order, without any unnecessary delay.

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

17.08.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

K.GOVINDARAJAN THILAKAVADI, J.

cp To The District and Sessions Judge, Thoothukudi, Thoothukudi District.

Dated: 17.08.2023