Madras High CourtCRP(MD)/167/2021allowed

A.Velu, v. Tamilan @ V.Murugesan

2021-02-09Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD)No.167 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.167 of 2021 A.Velu ... Petitioner Vs.

Tamilan @ V.Murugesan ... Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Thirumangalam to expedite the trial in O.S.No.928 of 2017 and to complete the suit proceedings within a period stipulated by this Court.

For Petitioner : Mr.K.Elancheziyan

ORDER

This civil revision petition has been filed to direct the learned Subordinate Judge, Thirumangalam to expedite the trial in O.S.No.928 of 2017 and to complete the suit proceedings within a time frame.

2.The learned counsel for the petitioner submitted that the petitioner is the plaintiff in O.S.No.928 of 2017, which is filed for the relief of recovery of money of Rs.7,00,000/- from the defendant, based on the agreement dated 08.03.2008. He would further submit that the suit was originally filed before the Subordinate Court (Camp Court) in O.S.No.1112 of 2010 and the same was transferred to the file of the learned Subordinate Judge, Thirumangalam and renumbered as O.S.No.928 of 2017. Thereafter, the suit is pending till date without any progress. Hence, the petitioner has approached this Court by filing this Civil Revision Petition seeking a relief to dispose the suit in O.S.No.928 of 2017 on the file of the learned Subordinate Judge, Thirumangalam within a stipulated time as fixed by this Court.

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

4.Since this Civil Revision Petition is filed for early disposal of the suit in O.S.No.1112 of 2010 renumbered as O.S.No.928 of 2017 and since no adverse order is going to be passed, notice to https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.167 of 2021 the respondent is not necessary.

5.Considering the facts and circumstances of the case, 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 learned Subordinate Judge, Thirumangalam, to dispose the suit in O.S.No.928 of 2017 on merits and in accordance with law, within a period of three 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 // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Subordinate Court, Thirumangalam.

Copy To The Registrar (Judicial), Madurai Bench Of Madras High Court, Madurai.

C.R.P.(MD)No.167 of 2021 09.02.2021 (KUN) KV(26.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2