Madras High CourtCRP(MD)/155/2015disposed of

V.D.Selvaraj, v. R.Elangovan,

2015-02-16Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.02.2015

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P(MD)No.155 of 2015 V.D.Selvaraj ... Petitioner/Plaintiff Vs.

1.R.Elangovan 2.R.Ramadoss ... Respondents/Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Thanjavur to expedite and complete the trial in O.S.No.176 of 2011 within a time frame stipulated by this Court.

For Petitioner : Mr.M.P.Senthil

ORDER

This Civil Revision Petition is filed for a direction seeking early disposal of O.S.No.176 of 2011 on the file of the Principal Sub Judge, Thanjavur.

2. Heard the learned counsel appearing for the petitioner.

3. The revision petitioner, who is the plaintiff, has filed a suit in O.S.No.176 of 2011 for the relief of partition in the year 2011.

4. The grievance of the revision petitioner/plaintiff is that the trial has commenced in October, 2013 and the cross-examination of P.W.1 was closed even on November, 2013. Thereafter, plaintiff's side evidence was closed on February, 2014. From February, 2014 to till date, the defendants have been taking adjournment. Hence, aggrieved by the same, the plaintiff has come up before this Court seeking a direction for the speedy disposal of the suit in O.S.No.176 of 2011.

5. From the 'B' Diary, it is evident that from February, 2014 to till January 2015 there is no progress in the suit, excepting only granting adjournment. Though the trial has commenced, more than two years ago, it has not been completed for one reason or other.

6. Considering the limited prayer sought for by the petitioner, no notice is issued to the respondents.

In the interest of Justice, this Court feels that a direction can be given to the Principal Sub Judge, Madurai to dispose of the suit in O.S.No.176 of 2011 on merits and in accordance with law, on or before 30.04.2015 and report compliance to this Court. The learned Principal Sub Judge, Madurai is also directed to take up the matter on day-to-day basis and complete the trial and hear the argument and deliver Judgment within the date stipulated by this Court. The parties are also directed to co-operate for the speedy disposal of the suit in O.S.No.176 of 2011 within the time frame specified.

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7. With the above directions, the Civil Revision Petition is disposed of.

Sd/- Assistant Registrar(Crl.side) \\True copy\\ Sub Assistant Registrar To 1.The Principal Subordinate Judge,Madurai.

2.The Principal Subordinate Judge, Thanjavur +1cc TO MR.M.P.SENTHIL, ADVOCATE SR.NO.7571 C.R.P(MD)No.155 of 2015 16.02.2015 PS NA/27/02/2015/P2/4C https://hcservices.ecourts.gov.in/hcservices/