Madras High CourtCRP(MD)/316/2020disposed of

Rajeshkannan v. Krishnamoorthi

2020-02-20Honourable Mrs Justice R. Tharani2 pages

C.R.P(MD)No.316 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD) No.316 of 2020 Rajeshkannan ... Petitioner Vs.

Krishnamoorthi ... Respondent Prayer: Civil Revision Petitions filed under Article 227 of Constitution of India, to pass suitable direction to expedite the suit in O.S.No.3 of 2017 on the file of the Sub Court, Tiruchendur. For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : No appearance ***

ORDER

This Civil Revision Petition is filed to direct the Sub Court, Tiruchendur, to expedite the trial in O.S.No.3 of 2017.

2. Heard the argument put forth by the petitioner.

3. On the side of the petitioner, it is stated that the suit is pending from the year 2017 and even after getting 16 adjournments, the respondent did not come forward to examine any witness and the evidence was closed on 31.10.2019. The arguments on the side of the revision petitioner / plaintiff was over on 07.11.2019 and after getting several adjournments, the respondent did not come forward to argue the case and on 22.01.2020, respondent's side argument was closed. When the case was posted for filing written arguments, on 21.01.2020, the respondent filed a reopen and recall petition and he produced a list of witnesses for examining four witnesses which reveals that the respondent is trying to drag on the matter and hence, the petitioner seeks a direction for speedy disposal of O.S.No.3 of 2017.

4. It is seen that recall petition and re-open petition are pending before the trial Court. Considering the facts and circumstances of the case, the trial Court is directed to dispose of both the petitions (recall and reopen petition) within a period of one month from the date of receipt of copy of this order and to dispose of O.S.No.3 of 2017 within a further period of four months therefrom.

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C.R.P(MD)No.316 of 2020

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

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Sub Judge, Tiruchendur.

C.R.P(MD)No.316 of 2020 20.02.2020 LS TK/SAR. /18.03.2020/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2