Madras High CourtCRP(MD)/419/2015disposed of

Ramakrishnan @ Krishnan, v. Nivas,

2015-03-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P(PD)(MD).No.419 of 2015 Ramakrishnan @ Krishnan .. Petitioner/Defendant vs.

Nivas .. Respondent/Plaintiff PRAYER: This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned I Additional District Munsif, Nagercoil to dispose of the suit in O.S.No.248 of 2014 pending on the file of the I Additional District Munsif Court, Nagercoil, within a time frame fixed by this Court.

For Petitioner :Mr.R.Murugan

O R D E R

This Civil Revision Petition is filed by the revision petitioner for a direction seeking early disposal of the suit in O.S.No.248 of 2014 on the file of the I Additional District Munsif Court, Nagercoil.

2. Heard the learned Counsel appearing for the petitioner. 3.No notice is necessary to the respondent 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 respondent. 4.The suit is filed by the plaintiff for permanent injunction restraining the defendant from interfering with the property. The defendant in the suit, who had admitted in his written statement that he has got nothing to do with the suit scheduled property, has come before this court with a limited prayer that the suit is to be disposed of at the earliest.

5. The suit itself was filed in September, 2014 and written statement was filed on 17.11.2014 and posted for conciliation on 08.01.2015. As there was no conciliation, it was posted for framing issues on 27.02.2015. So, from the records, it is seen that there was no time loss for the parties before the Court. When the matter was posted for conciliation, both the parties have not chosen to appear before the Court. Even before framing of the issues, it will be unfair to compel the trial Judge to complete the trial within a given time frame.

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6. However, considering the fact that the defendant has got nothing to do with the suit scheduled property as conceded by him in the written statement, the learned I Additional District Munsif, Nagercoil, is directed to dispose of the suit in O.S.No.248 of 2014, as expeditiously as possible.

With the above direction, the civil revision petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub- Assistant Registrar To The I Additional District Munsif, Nagercoil.

+1cc to Mr.R.Murugan, Advocate in SR.No.11344 sm:24.03.2015:2P/3C C.R.P.(MD).No.419 of 2015 10.03.2015 https://hcservices.ecourts.gov.in/hcservices/