Madras High CourtCRP(MD)/137/2015dismissed

S.Kishore Kumar, v. N.Kannanagulu,

2015-01-29Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/1/2015 C O R A M THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA C.R.P.PD(MD) No.137 of 2015 S. Kishore Kumar ...

Petitioner Vs

1. N. Kannanagulu

2. N. Sekar ...

Respondents Petition filed under Article 227 of the Constitution of India to dispose of O.S.No.16 of 2013 on the file of IV Additional District Judge, Madurai within a time frame fixed by this Court. For petitioner ...

Mr.S.Manohar

O R D E R

This Civil Revision Petition is directed against O.S.No.16 of 2013 claiming that the same has been pending for a long time and prays for the speedy disposal.

2. From the perusal of the records, it is seen that the suit itself was received by the Principal District Judge, Madurai and was taken on file on 1/3/2013. Thereafter, summons was issued to the defendants. The plaintiff was directed to serve the summons by private notice by the Court. As D.2 had appeared earlier, i.e., on 27/3/2013, he was directed to file the written statement. D.1 had not been served by then. Thereafter, the Court had directed the substitution of service to the first defendant on 1/12/2014. On 5/1/2015, the first defendant had appeared through counsel. When the matter stands adjourned to 5/2/2015 for filing the written statement, this revision has been filed for a direction from this Court for a speedy disposal of the suit.

3. The defendants have not even filed the written statement in the suit. The plaintiff/petitioner is seeking for the direction for the direction for the speedy disposal of the suit. The suit is one for a specific performance and if the defendants are willfully procrastinating the proceedings, it is for the trial Judge to pass appropriate orders. https://hcservices.ecourts.gov.in/hcservices/ The trial Court which has been seeing the demeanour of the parties can pass any order permissible under law for the speedy disposal of the suit.

It is premature for the petitioner to come before this Court seeking time frame for the disposal of the suit. Only after the pleadings are completed, issues can be framed. Thereafter, the parties have to let in evidence and complete the trial. Therefore, the above Civil Revision Petition is premature even before the suit is ripe for trial.

4. Accordingly, this Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub- Assistant Registrar To IV Additional District Judge, Madurai + 1 CC to Mr.S.Manohar, Advocate in sr.No 4422 mvs.

C.R.P.PD(MD) No.137 of 2015 29/1/2015 19.02.2015 2p/3C https://hcservices.ecourts.gov.in/hcservices/