Madras High CourtCRP(MD)/216/2015disposed of

M.Jagadeshwaran Pillai, v. S.Usharani,

2015-02-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P.(MD).NO.216 of 2015 M.Jegadeeshwaran Pillai ... Revision Petitioner vs.

S.Usharani ... Respondent PRAYER: This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Principal District Court, Dindigul to dispose of the suit in O.S.No.54 of 2012 within the stipulated time.

For Petitioner : Mr.G.Gomathi Sankar

ORDER

The plaintiff, who filed a suit for specific performance, has filed this revision being aggrieved by the delay in disposing of the suit.

2.According to the petitioner, the defendant had taken fairly long time that is nearly 1 1⁄2 years even to file a written statement. Thereafter, the matter was referred to Lok Adalat, but it was in vain. Again, after the issues were framed it was referred to Lok Adalat even the second time also it was futile. In the mean while, there are two I.As filed for impleadment and appointing a guardian of the minor children of the defendant. Even that applications are kept pending.

3.In these circumstances, the petitioner herein seeks a direction to be given to the Principal District Judge, Dindigul for speedy disposal of the suit. From the 'B' diary, it can to be seen that there was no unnecessary delay. However, the delay is only procedural. The grievance of the petitioner is that he is living in Mumbai and he has to travel from Mumbai to Dindigul for every hearing which is causing him inconvenience and he is put to great prejudice and hardship.

In the circumstances, the petitioner/plaintiff seeks a time frame to be given to the learned Principal District Judge, Dindigul for the speedy disposal of the suit.

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4.No notice is necessary to the respondents as this Court intend to direct the trial Court to dispose of the suit at the earliest and it would not cause any prejudice to the respondents. 5.In view of the request made, the learned Principal District Judge, Dindigul is directed to dispose of the suit in O.S.No.54 of 2012 on merits and in accordance with law on or before 31st December 2015.

6.With the above direction, the civil revision petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar To The Principal District, Dindigul.

+1CC TO M/S. G.GOMATHI SANKAR, ADVOCATE SR.NO.6603 NS AA/24.02.2015/2P- 3C/ C.R.P.(MD).No.216 of 2015 12.02.2015 https://hcservices.ecourts.gov.in/hcservices/