Madras High CourtCRP(MD)/288/2021allowed

Srikanthan v. S.Barathi,

2021-02-24Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD)No.288 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.288 of 2021 Srikanthan ... Petitioner/1st Defendant Vs.

1.S.Barathi 2.Ilakkiyan ... Respondent 1 & 2/Plaintiff 3.Manjunathan ... 3rd Respondent/2nd Defendant Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif Court, Musiri to dispose the original suit in O.S.No.06 of 2020 within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Arunraj

ORDER

This civil revision petition has been filed to direct the learned District Munsif Court, Musiri to dispose the original suit in O.S.No.06 of 2020 within the time frame.

2.The learned counsel for the petitioner submitted that the first and second respondents herein filed a suit in O.S.No.06 of 2020 for permanent injunction and the petitioner herein is the defendant in the said suit. He further submitted that the petitioner is a disabled person and also suffering from various ailments. Disability certificate also produced. Hence, he filed the present petition seeking early disposal of the above said suit. 3.Heard the learned counsel for the petitioner and perused the materials available on record.

4.Since this Civil Revision Petition is filed for early disposal of the petition in O.S.No.06 of 2020 and since no adverse order is going to be passed, notice to the respondents is not necessary.

5.Considering the facts and circumstances of the case and considering the disability and age of the petitioner, this Court feels that ends of justice would be met by directing the Court below https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.288 of 2021 to dispose of the case within a time frame. Without adverting to the merits of the case, a direction is issued to the District Munsif Court, Musiri to dispose the petition in O.S.No.06 of 2020 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. Both the petitioner and the respondents shall co-operate for the disposal of the above suit. 6.With the above direction, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) gns NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Munsif, Musiri.

Copy to The Registrar(Judicial) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.K.ARUNRAJ, Advocate ( SR-7373[F] dated 25/02/2021 ) C.R.P.(MD)No.288 of 2021 24.02.2021 VB (11.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2