T. Balaji v. Malliga

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.480 of 2018 T.Balaji ... Petitioner/Defendant vs.

1.Malliga 2.Gopishankar 3.Shankar 4.Balaji 5.Selvaraj 6.Veerasamy ... Respondents/Plaintiffs PRAYER: Petition filed under Article 227 of the Constitution of India, to direct speedy disposal of O.S.No.31 of 2014 on the file of the District Munsif Court, Vedasunthur, within a time frame as fixed by this Hon'ble Court.

For Petitioner : Mr.R.Ramadurai *****

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Vedasunthur, to dispose of the suit in O.S.No.31 of 2014, within a stipulated time as may be fixed by this Court.

2. According to the petitioner/defendant, his grandfather has purchased the suit property from one Ponnakonar/erstwhile owner of the suit property, vide sale deed dated 21.05.1943 and suppressing the same, the respondents herein, as plaintiffs, have filed the suit in O.S.No.31 of 2014 for declaration and consequential injunction. It is the grievance of the petitioner that though he has filed his written statements as early as on 04.10.2015, issues have not been framed yet and hence, the petitioner is before this Court seeking a direction for early disposal of the suit proceedings.

3. Heard the learned Counsel for the petitioner and perused the materials available on record. Notice to the respondents is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the suit proceedings. https://hcservices.ecourts.gov.in/hcservices/

4. Perusal of the B-Diary extract would fortify the contention of the learned Counsel for the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the suit is of the year 2014 and written statements were filed as early as in the year 2015, this Court is of the view that ends of justice will be met if a direction is issued to the learned Judge for early disposal of the suit proceedings. Accordingly, without adverting into the merits of the case, the learned District Munsif, Vedasunthur, is directed to dispose of the suit in O.S.No.31 of 2014 within a period of one year from the date of receipt of a copy of this order.

6. With the above directions, this Civil Revision Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To The District Munsif, Vedasunthur.

+1cc to Mr.R.Ramadurai, Advocate in SR.NO.54030 gk MV:SV-MMS:SAR2:19/03/2018/2P/3C C.R.P.(PD)(MD)No.480 of 2018 08.03.2018 https://hcservices.ecourts.gov.in/hcservices/