Sheela v. Perumal,

C.R.P(MD)No.564 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P. (MD) No.564 of 2021 Sheela Rep. by her Power of Attorney Agent C.Mani ... Petitioner/Plaintiff -Vs1. Perumal

2. Kalavathy

3. Regina Mary

4. Sathiya Murthy

5. Multi Tech Fab, Rep. by its Managing Partner Perumal, Thiruverumbur Taluk, Trichy - 620 016.

...Respondents/Defendants

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Judge, IV-Additional Subordinate Court, Tiruchirappalli to dispose of the suit in O.S.No.76 of 2019, within a stipulated period as fixed by this Court.

For Petitioner : Mr.V.R.Shanmuganathan

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned Judge, IV-Additional Subordinate Court, Tiruchirappalli to dispose of the suit in O.S.No.76 of 2019, on the file of the IV-Additional Subordinate Court, Tiruchirappalli, within the time stipulated by this Court.

2. The learned counsel for the revision petitioner would submit that the revision petitioner has filed a suit in O.S.No.76 of 2019, for dissolution of Firm and for accounts. The revision petitioner leased out the petition mentioned property to the 1st respondent herein for a monthly rent of Rs.5,000/- payable on or before 5th of every succeeding English calendar month. The 1st respondent paid rent up to December 2014. Thereafter, the 1st respondent committed default in repayment of rent from December 2014 to December 2017, which amounts to a sum of Rs.1,75,000/-. The 5th respondent is a registered partnership firm constituted by the respondents 1 to 4 and one Padma. Later the said Padma retired from the firm and the revision petitioner was inducted as a partner on 17.07.2014. A new partnership deed was also registered. However, a dispute arose among the partners and hence, the revision petitioner has filed a suit in O.S.No.76 of 2019.

3. The grievance of the petitioner is that the suit is filed in https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.564 of 2021 the year 2019. The respondents somehow or the other is delaying the disposal of the suit. Hence, the petitioner/plaintiff is constrained to move the present revision petition before this Court for getting speedy disposal of the suit in O.S.No.76 of 2019.

4. Heard the learned counsel for the revision petitioner and perused the materials placed before this Court. Since this Civil Revision Petition is filed only for an early disposal of the suit and as no adverse order is going to be passed, no notice is necessary to the other respondents herein.

5. 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 suit within a time frame. Accordingly, without adverting to the merits of the case, a direction is issued to the learned Judge, IV-Additional Subordinate Court, Tiruchirappalli to dispose of the suit in O.S.No.76 of 2019, on merits and in accordance with law within a period of one year from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1. IV-Additional Subordinate Court, Tiruchirappalli.

2.The Section Officer,(2C) VR Section, Madurai Bench of Madras High Court, Madurai.

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

C.R.P. (MD) No.564 of 2021 26.03.2021 AC(CO) KB(22.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2