Madras High CourtCRP(MD)/734/2019allowed

A.Rajamani, v. Vijayarani,

2019-04-26Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019 CORAM :

THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM CRP(MD) No.734 of 2019 A.Rajamani ... Petitioner/Plaintiff vs.

1.Vijayarani 2.N.Saradha Priya 3.N.Abirami 4.P.Bragathambal ... Respondents/Defendants PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Judge, Pudukottai, to dispose of the suit in O.S.No.98 of 2018 within a time frame fixed by this Court.

For Petitioner : Mr.V.Singan

ORDER

This Civil Revision Petition has been filed to direct the learned Principal District Judge, Pudukottai, to dispose of the suit in O.S.No.98 of 2018 within a time frame fixed by this Court. 2.Before the trial Court, the petitioner herein is the plaintiff and the respondents herein are the defendants. For the sake of convenience, the parties will be referred to as per their rank before the trial Court.

3.In the grounds, the plaintiff contended that he is a senior citizen and is also physically incapacitated and sick. Hence, the petition for the relief as stated above. Further, the plaintiff contended that the Court below has omitted to note that the defendants having appeared through counsel and having filed Vakalat, have not chosen to file the written statement before the Court within the time stipulated under Order VIII Rule 1 of CPC. https://hcservices.ecourts.gov.in/hcservices/

4.The plaintiff contended that aggrieved by the adjournments given by the trial Court to the defendants for filing the written statement, when they appeared before the Court below on 21.01.2019, again, several adjournments were given for filing written statement, which has caused inconvenience to the plaintiff.

5.Heard the learned counsel for the petitioner herein/plaintiff.

6.Considering the relief sought by the plaintiff and also the reason stated by him, this Court is of the view that the said suit has to be proceeded with in a time bound manner and it is for the plaintiff to approach the Court below for early disposal of the suit. However, in view of the reason stated by the plaintiff and considering the facts and circumstances of the case, the learned Principal District Judge, Pudukottai is directed to give priority to dispose of the suit in O.S.No.98 of 2018 as expeditiously as possible.

7.This Civil Revision Petition is allowed with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To The Principal District Judge, Pudukottai.

+1 CC to M/s.V.SINGAN, Advocate ( SR-62967[F] dated 26/04/2019 ) mm CRP(MD) No.734 of 2019 26.04.2019 KM/(28.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/