K. Palanichamy v. K. Muthuchamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.583 of 2018 K.Palanichamy ... Petitioner / Plaintiff vs.

1.K.Muthuchamy 2.Palaniammal 3.Natchimuthu Vellayappa Gounder (Died) 4.Kuppusamy 5.Angammal 6.Chellammal 7.Arukkaniammal ... Respondents 1 to 7 / Plaintiffs 1, 3 to 9 K.Nachiappan (Died) Palaniappan (Died) 8.Kuppuchamy 9.Selvi

10. Kaliammal Palanichamy Gounder (Died) Pitchai @ Ramasamy (Died)

11. The Thasildar, Vedasandur Taluk, Dindigul District.

12. The District Collector, Dindigul District, Dindigul.

13.Chellammal 14.Karuppuchamy 15.Karuppayeammal 16.Vijaya 17.Renuga 18.Karuppayee 19.Perumalsamy 20.Selvakumar ... Respondents 8 to 20 / Defendants

PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the District Munsif Court, Vedasandur, to dispose of the suit in O.S.No.13 of 2002, within a stipulated time limit. For Petitioner : Mr.S.Gokul Raj *****

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Vedasandur, to dispose of the suit in O.S.No.13 of 2002, within a stipulated time limit.

2. The learned Counsel for the petitioner would submit that the petitioner, along with other plaintiffs have instituted the suit in O.S.No.13 of 2002 before the District Munsif Court, Vedasandur for the relief of declaration and permanent injunction. It is the case of the petitioner that though the suit was instituted as early as in the year 2002, trial has not been commenced yet, due to the filing of application after applications as well as mechanical adjournments availed by the defendants and the suit is pending for more than 16 years. Hence, the petitioner is before this Court praying 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.

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 2002, 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, Vedasandur, is directed to dispose of the suit in O.S.No.13 of 2002 within a period of six months from the date of receipt of a copy of this order.

6. With the above direction, 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

1. The District Munsif, Vedasandur.

2. The Thasildar, Vedasandur Taluk, Dindigul District.

3. The District Collector, Dindigul District, Dindigul.

+1 cc to M/S.S.GOKULRAJ, ADVOCATE IN SR No.55867 C.R.P.(PD)(MD)No.583 of 2018 16.03.2018 PK/RR-CSL/SAR-1/11.04.2018 : 3P/5C