Balasubramanian v. Chelladurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.389 of 2018 Balasubramanian ... Petitioner / Plaintiff vs.

Chelladurai ... Respondent / Defendant PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Sub Court, Kovilpatti to dispose of O.S.No.15 of 2010 within a time frame fixed by this Hon'ble Court. For Petitioner : Mr.J.C.Rathnavel Pandian *****

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Kovilpatti, to dispose of the suit in O.S.No.15 of 2010, within a stipulated time as may be fixed by this Court.

2. The petitioner before this Court is a senior citizen and he would aver that he has filed the suit, as plaintiff, in O.S.No.15 of 2010, before the learned Subordinate Judge, Kovilpatti, for recovery of money against the respondent herein. Though the respondent has filed his written statements as early as in the year 2010, the suit is still pending and hence, the present petition came to be filed seeking a direction to the learned Judge for early disposal.

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

Notice to the respondent is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the suit proceedings.

4. It is seen that the suit is of the year 2010 and the respondent has also filed his written statements in the year 2010. Perusal of the B-Diary extract would go to show the matter was periodically adjourned for one reason or the other, which made the petitioner, who is a senior citizen, to wait for the past 7 1⁄2 years for the disposal of the suit.

5. Considering the facts and circumstances of the case and also the limited scope of the prayer sought for, this Court, without going into the merits of the case, directs the learned Subordinate Judge, Kovilpatti, to dispose of the suit in O.S.No.15 of 2010 within a period of four months from the date of receipt of a copy of this order.

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6. With the above directions, this Civil Revision Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To The Subordinate Judge, Kovilpatti.

+1cc to Mr.J.C.RATHNAVEL PANDIAN,Advocate,SR. 51693 C.R.P.(PD)(MD)No.389 of 2018 27.02.2018 GK KK/SKN RSK/SAR 4/07.03.2018/ 2P- 3C/ https://hcservices.ecourts.gov.in/hcservices/