S. Murugesan v. S. Narayanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Murugesan ... Petitioner Vs.

S.Narayanan ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Additional District Court, Srivilliputhur to dispose of the I.A.No.2 of 2024 in O.S.No.333 of 2024 on the file of the Additional District Court, Srivilliputhur, pending therein within time fixed by this Court by allowing this Civil Revision Petition.

For Petitioner : Mr.D.Deepak Arasu 1/4

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the I.A.No.2 of 2024 in O.S.No.333 of 2024 pending on the file of the learned Additional District Court, Srivilliputhur within a time stipulated by this Court.

2. According to the revision petitioner, the revision petitioner filed the suit in O.S.No.333 of 2024 for recovery of money from the respondent herein. Subsequently, he filed a petition in I.A.No.2 of 2024 for attachment before judgment under Order XXXVIII, Rule 5 of the Civil Procedure Code, 1908 and the respondent also filed his counter. When the case came up for hearing on 07.01.2025, it was adjourned to 01.04.2025 for the respondent's side enquiry and the same is still pending and there is no other interlocutory application pending in the suit. Unless, this petition is allowed, it will be put to irreparable loss and hardship to the petitioner. Hence, the present Civil Revision Petition is filed by the petitioner.

3. Heard the learned counsel appearing for petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the 2/4

respondent.

4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Additional District Court, Srivilliputhur, to dispose the case as expeditiously as possible.

5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned Additional District Court, Srivilliputhur to dispose of the I.A.No.2 of 2024 in O.S.No.333 of 2024 pending on his file, within a period of one (1) month from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.

29.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 29.01.2025.

To The Additional District Court, Srivilliputhur.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 29.01.2025 4/4