Madras High CourtCRP(MD)/248/2021allowed

Razia Begum v. Majitha Begum

2021-02-19Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD)No.248 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.248 of 2021 1.Razia Begum 2.Rahmathunnissa 3.Jamal 4.Rabia 5.Idhayathullah 6.Liyakath Ali ...Petitioners/Respondents/ Defendants Vs.

Majitha Begum ...Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Court, Thiruchirapalli to dispose the A.S.No.120 of 2017 in a time bound manner as fixed by this Court.

For Petitioners : Mr.D.Senthil

ORDER

This civil revision petition has been filed to direct the learned Subordinate Court, Thiruchirapalli to dispose the A.S.No.120 of 2017, within a time frame.

2.The learned counsel for the petitioners submitted that the respondent herein filed a suit in O.S.No.467 of 2011 before the I Additional District Munsif Court, Thiruchirapalli for permanent injunction restraining the defendants, who are the petitioners herein, from interfering with the possession and enjoyment of the plaintiff in respect of the suit property. The said suit was dismissed by a judgment and decree dated 30.06.2017. Aggrieved over the same, the respondent filed an appeal in A.S.No.120 of 2017 before the learned Subordinate Court, Thiruchirapalli. The said suit is periodically adjourned without any valid reasons. Hence, the petitioners filed the present petition seeking a relief to dispose of the above said appeal, within a time frame. 3.Heard the learned counsel for the petitioner and perused the materials available on record.

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C.R.P.(MD)No.248 of 2021 4.Since this Civil Revision Petition is filed for early disposal of the suit in A.S.No.120 of 2017 and since no adverse order is going to be passed, notice to 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 Subordinate Court, Thiruchirapalli to dispose the suit in A.S.No.120 of 2017 on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. Both the petitioners and the respondent shall co-operate for the disposal of the above appeal.

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

Sd/- Assistant Registrar (CS-I) // 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 Subordinate Judge, Thiruchirapalli.

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High court, Madurai.

Order made in C.R.P.(MD)No.248 of 2021 19.02.2021 NS(CO) SRS (09/03/2021) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2