Madras High CourtCRP(MD)/984/2019disposed of

K.Velappan v. D.Nelson

2019-06-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2019

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD) No.984 of 2019 K.Velappan

...Petitioner/Plaintiff

-VsD.Nelson

...Respondent/Defendant

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the District Munsif, Kuzhithurai to dispose the suit in O.S.No.146 of 2016 within the time framed by this Court.

For Petitioner : Mr.S.Louis

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Kuzhithurai to dispose the suit in O.S.No.146 of 2016 within a specified period that this Court deem fit in the circumstance of the case. 2.The learned counsel for the petitioner would state that the petitioner has filed a suit in O.S.No.146 of 2016 for a decree declaring title and possession of the petitioner over the suit schedule property and for permanent injunction. The learned counsel would further state that the respondent has also filed the written statement as early as on 04.01.2017 and thereafter, Advocate Commissioner was appointed and he has also filed the report on 16.08.2018. The grievance of the petitioner is that the suit was filed on 01.09.2016 and the same is pending for the last two years, without any progress. Hence, the present Civil Revision Petition has been filed for early disposal of the suit.

3. Since this Civil Revision Petition is filed for early disposal of the suit, no notice is necessary to the respondent herein.

https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case and also considering the fact that the suit in O.S.No.146 of 2016 is of the year 2016, this Court feels that ends of justice would be met by directing the Court below to dispose of the suit within a time frame. Without adverting to the merits of the case, a direction is issued to the learned District Munsif, Kuzhithurai to dispose the suit in O.S.No.190 of 2014 on merits and in accordance with law, within a period of six 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 // True Copy // Sub Assistant Registrar(CS) msa To

1. The District Munsif Kuzhithurai

2. The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.Louis, ADVOCATE IN SR No.72342 C.R.P.(MD) No.984 of 2019 28.06.2019 KS(08.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/