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Madras High CourtCRP(MD)/532/2021disposed of

M.Rajendran v. S.Karuppanan

2021-03-23Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD) No.532 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2021

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD) No.532 of 2021 M.Rajendran ... Petitioner/Plaintiff -Vs1.S.Karuppanan 2.K.Kumaresan

...Respondents/Defendants

Prayer: This Civil Revision Petition has been filed under Article 227 of the Constitution of India for issuance of a direction, to pass an order directing the Principal Subordinate Judge, Madurai to dispose of the suit in O.S.No.297 of 2017 pending before the Principal Subordinate Court, Madurai as expeditiously as possible and allow this Civil Revision Petition.

For Petitioner :

Mr.R.Manoharan

O R D E R

This Civil Revision Petition has been filed to issue a direction to dispose of the suit in O.S.No.297 of 2017 pending on the file of Principal Subordinate Court, Madurai within the time as stipulated by this Court.

2.The learned counsel for the petitioner would submit that the petitioner as plaintiff filed the suit in O.S.No.297 of 2017 before the Principal Subordinate Court, Madurai against the respondents herein for recovery of money. In the above said suit, the respondents were called absent and set exparte and exparte decree was passed. Thereafter, exparte decree was set aside. The learned counsel would further submit that the respondents have received a sum of Rs.7,00,000/- from the petitioner in the year 2015 and from 2015 onwards, the petitioner is unable to get any single amount from the respondents. The petitioner is aged about 69 years. The grievance of the petitioner is that the said suit is pending for the past 3 years without any progress. Hence, the petitioner has come forward with this Civil Revision Petition seeking early disposal of the suit in O.S.No.297 of 2017.

3. Since this Civil Revision Petition is filed for early disposal of the Suit, as no adverse order is going to be passed, notice to the respondents is dispensed with.

4. Considering the facts and circumstances of the case and considering the fact that the suit is of the year 2017 and also considering the age of the petitioner, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD) No.532 of 2021 case, a direction is issued to the learned Principal Subordinate Judge, Madurai, to dispose the suit in O.S.No.297 of 2017 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 (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Principal Subordinate Judge, Madurai C.R.P.(MD) No.532 of 2021 23.03.2021 MJ(CO) KB(22.04.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2