Saroja v. R. Jothi Basu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.Saroja 2.Ramasamy ... Petitioners Vs.

1.R.Jothi Basu 2.A.Saraswathi 3.Janarthanan 4.Arunadevi 5.Jeyabarathi 6.Perumal (Komali) ... Respondents Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional District Munsif Court, Dindigul to dispose of the original suit pending in O.S.No.166 of 2020 at an earlier date as that may be fixed by this Court. For Petitioners : Mr.R.Thangapandian For R1 to R5 : Mr.K.K.Ravie For R6 : No appearance Page No. 1 of 4

O R D E R

The above Civil Revision Petition is preferred by the first and second defendants in O.S.No.166 of 2020 for early disposal of the suit in O.S.No.166 of 2020 on the file of the Additional District Munsif Court, Dindigul.

2. The learned counsel appearing for the petitioners/first and second defendants would submit that though the suit is of the year 2020 and it was filed by the first to fifth respondents/plaintiffs only for mandatory injunction directing the first petitioner/first defendant to remove the fencing put up by her to the extent of 1180.40 sq.ft. in eastern side of the suit property, the Court below without any valid reasons is adjourning the matter on several dates.

3. He would further submit that the petitioners are senior citizens and in view of the pendency of the suit, they are unable to enjoy their property in a peaceful manner and the claim of the first to fifth respondents/plaintiffs as if the petitioners have encroached the suit property is false.

4. It is further submitted that the petitioners/first and second defendants have filed their Written Statement in the suit on 30.11.2020 and the entire pleadings have been completed and the suit is posted for framing issues from Page No. 2 of 4

the month of March 2021 and it is adjourned to 21.08.2023 and therefore, the early disposal of the suit is required.

5. The learned counsel appearing for the first to fifth respondents/plaintiffs had no objection for a direction for early disposal of the suit.

6. Considering the facts and circumstances of the case, the learned Additional District Munsif, Dindigul is directed to dispose the suit in O.S.No. 166 of 2020 on merits, without any further delay, by affording sufficient opportunities to the respective parties to put forth their contentions, expeditiously, within a period of six months from the date of receipt of a copy of this order.

7. Accordingly, this Civil Revision Petition is disposed of. No cost. 28.07.2023 (2/2) Index : Yes/No Internet : Yes/No NCC : Yes/No jen Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen To The Judge, Additional District Munsif Court, Dindigul.

28.07.2023 (2/2) Page No. 4 of 4