Madras High CourtCRP(MD)/448/2015disposed of

N.Kumaraswamy, S/O.Nellaiappan v. Adarsh Educational Trust,

2015-03-06Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD)(MD).No.448 of 2015 1.N.Kumaraswamy 2.Mrs.Charumathy Raja 3.K.Manikanda Raja ... Revision Petitioners/Plaintiffs vs.

1.Adarsh Educational Trust, Adarsh Vidya Kendra, M.S.Road, Vettoornimadam, Nagerocil, Rep by its Chairman Dr.G.Surendran 2.Dr.G.Surendran 3.Dr.Indira Surendran 4.Dr.Gopal Surendran 5.Padmanaban 6.Jaiwanthkumar Babu 7.Dr.Mini Gopal 8.K.K.Baskaran Nair 9.Dr.P.Arunchand 10.Dr.Krishna Surendran 11.Mrs.Priyadarshni 12.Mahesh P.Subramaniam ... Respondents/Defendants PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Judge, Kanyakumari District at Nagercoil to dispose of the petition in I.A.No.435 of 2012 in O.S.Sr.No.651 of 2012 on its file within time frame as may be fixed by this Court.

For Petitioners : Mr.M.Suri

O R D E R

No notice is necessary to the respondents as this Court intends to direct the trial Court to dispose of the suit at the earliest and it would not cause any prejudice to the respondents. 2.This revision has been filed by the plaintiffs in unnumbered O.S wherein an application in I.A.No.435 of 2012 is filed under Section 92 of C.P.C seeking leave to institute the suit. https://hcservices.ecourts.gov.in/hcservices/

3.The said application was filed in the year 2012 along with the suit. The pleadings were completed and it has been kept for enquiry on 24.09.2012 and it was taken up for argument on 05.07.2013. The plaintiffs' side argument was over and it was posted for the respondents' side argument on 17.09.2013. From 17.09.2013 till today, it has been kept pending without any specific reasons and finally, it is posted to 18.04.2015. 4.The only request of the learned counsel for the petitioner is to dispose of the said I.A expeditiously, which would lead to the numbering of the suit.

5.Considering the limited prayer asked by the revision petitioner only for the early disposal of the I.A, this Court is inclined to direct the District Judge, kanyakumari District, Nagerocil to dispose of the I.A.No.435 of 2012 in O.S.SR.No.651 of 2012 on merits and in accordance with law, on or before 30.04.2015.

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

Sd/- Assistant Registrar(C.O.,) /True Copy/ Sub-Assistant Registrar To The District Judge, Kanyakumari District at Nagercoil. +1cc to Mr.M.Suri, Advocate, in SR. No.10895. C.R.P.(PD)(MD).No.448 of 2015 06.03.2015 Ns msm 11.03.2015 p2/3c https://hcservices.ecourts.gov.in/hcservices/