Madras High CourtCRP(MD)/2642/2015disposed of

A.Munavar Hussain v. A. Banu

2015-12-09Honourable Mr Justice T.Mathivanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.R.P(MD)Nos.2642 and 2643 of 2015(PD) A.Munavar Hussain .. Petitioner/Plaintiff in Both C.R.Ps Vs.

1.A.Banu 2.The Tamil Nadu Wak Board rep by its Chief Executive Officer,

1. Jaffer Chirank Street, Vallal Seethakathi Nagar Chennai-1. .. Respondents/Defendants in Both C.R.Ps COMMON PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to dispose of the suit in O.S.Nos.703 and 559 of 2012 pending on the file of the Principal Sub Court, Madurai as early as possible by fixing time limit. For Petitioners : Mr.V.Sitharanjandas COMMON ORDER Since the issue involved in both the Civil Revision Petitions is one and the same, these two memorandum of civil revision petitions have been consolidated together heard jointly and disposed of in this common order.

2.Invoking the provisions of Article 227 of the Constitution of India, the two revisions have been filed by the petitioner, who is the plaintiff in both the suits in O.S.No.703 and 559 of 2012, seeking a direction to the learned Principal Subordinate Judge, Madurai to dispose of the above said suits as expeditiously as possible preferably within a time, which may be fixed by this Court.

3. Heard Mr.V.Sitharanjandas, learned counsel appearing for the petitioner and perused the averments of the grounds of the Civil Revision Petition.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel appearing for the petitioner while advancing his argument he has invited the attention of this Court to page No.40 of the typed set of papers produced along with the revision herein in C.R.P.No.2642 of 2015. Page No.40 contains the entry of "B" diary and a perusal of these entries would reveal that the issues were formulated as early as on 02.12.2014. Based on the joint memo, the suits were posted for joint trial. From 16.12.2014 till today, the above said suits have been crossing so many hearings, without any progress.

5.The suits in O.S.Nos.703 and 559 of 2012 and the same have been unnecessarily and periodically adjourned without assigning any valid reason and therefore, the petitioner, being the plaintiff has approached this Court by way of this Civil Revision Petition.

6.Having been taken into consideration of the related facts and circumstances, this Court is of view that in the interest of Justice it may be expedient to issue a direction to the trial Court, as sought for by the petitioner.

7.Accordingly, these Civil Revision Petitions are allowed. The learned Principal Subordinate Judge, Madurai is hereby directed to dispose the suits in O.S.Nos.703 and 559 of 2012, within a period of three months from the date of receipt of a copy of this order, without loss of further time. However, there shall be no order as to costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To The Principal Subordinate Judge,Madurai.

+2cc to Mr.V.Sitharanjandas,Advocate Sr.No.70333 & 70334 ns AA/AAL-MPA/23.12.2015/2p-4c C.R.P(MD)Nos.2642 and 2643 of 2015 09.12.2015 https://hcservices.ecourts.gov.in/hcservices/