Paramakudi Sami Chettiyar Nanthavanam, v. A.Musafar Kani,

C.R.P. (MD) No.545 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P. (MD) No.545 of 2021 Paramakudi Sami Chettiyar Nanthavanam and Buildings Private Trust, Rep. by its Managing Trustee, G.Mohan, S/o. Ganapathy Chettiyar, No.14, West Masi Street, Madurai.

... Petitioner/Plaintiff -VsA.Musafar Kani

...Respondent/Defendant

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Paramakudi, Ramanathapuram District, to dispose of the suit in O.S.No.7 of 2019, within a stipulated period as fixed by this Court. For Petitioner : Mr.T.Balarathinakumar

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Paramakudi to dispose of the suit in O.S.No.7 of 2019, on the file of the District Munsif Court, Paramakudi, Ramanathapuram District, 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.7 of 2019, for eviction against the respondent/defendant for the suit property in the year 2019. The suit property is very old building and the building is 80 years old which is kept without any maintenance. The respondent/defendant is an unauthorised occupant running a parotta stall in the suit property without proper maintenance and safety measures, which may cause danger to the suit property. The learned counsel for the petitioner would further submit that the defendant is not paying any rent to the suit property due to the pendency of the suit and since, the property belongs to a private trust which is administered by the petitioner/plaintiff, the income of the suit https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P. (MD) No.545 of 2021 property is to help the poor people of the legal heirs of Sami Chettiyar. The grievance of the petitioner is that, the defendant is not cooperating in conducting the trial and failed to appear before the trial Court on various occasion and drag on the proceedings. 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.7 of 2019.

3. 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 respondent herein.

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 suit within a time frame. Accordingly, without adverting to the merits of the case, a direction is issued to the learned District Munsif, Paramakudi to dispose of the suit in O.S.No.7 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.

5. 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 The District Munsif, Paramakudi.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(Soft Copy)(2 copies) C.R.P. (MD) No.545 of 2021 24.03.2021 pkn AM/29/04/2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2