Madras High CourtCRP(MD)/1022/2019disposed of

P.Ranjith Amalan, v. Petter,

2019-07-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2019

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)(NPD) No.1022 of 2019 P.Ranjith Amalan ... Petitioner/Respondent/Plaintiff -VsPetter ... Respondent/Appellant/Defendant Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India for a direction to direct the learned Subordinate Judge, Tiruchirappalli to dispose the A.S.No.77 of 2018, against in O.S.No.370/2009.

For Petitioner : Mr.S.Radhakrishnan

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Tiruchirappalli to dispose the appeal in A.S.No.77 of 2018 within the time stipulated by this Court.

2.Learned counsel for the petitioner would submit that the petitioner has filed a suit in O.S.No.370 of 2009 for permanent injunction and for cancellation of settlement deed in document No.5068 of 2008. After full contest, the said suit was decreed in favour of the petitioner. Against which, the respondent has filed an appeal in A.S.No.77 of 2018, which is pending for argument by the respondent for a long time as finally since 22.10.2018. Thereafter, on several hearings, the respondent has not appeared before the Court and hence, the appeal in A.S.No.77 of 2018 is pending for the last one year. In view of the above, the petitioner is before this Court for speedy disposal of the appeal. 3.Since this Civil Revision Petition is filed for early disposal of the appeal, no notice is necessary to the respondent herein.

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4. Considering the facts and circumstances of the case, this Court feels that ends of justice would be met by directing the Court below to dispose of the appeal within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Subordinate Judge, Trichirappalli to dispose the appeal in A.S.No.77 of 2018 on its own merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) msa To The Subordinate Judge, Trichirappalli + 1 CC TO Mr.S.Radhakrishnan, ADVOCATE IN SR No.72392 C.R.P.(MD)(NPD).No.1022 of 2019 01.07.2019 KS(05.07.2019) 2 P 3 C https://hcservices.ecourts.gov.in/hcservices/