Selvarani v. Rajaraman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2021

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU Selvarani ....Petitioner/11th Defendant -Vs1.Rajaraman 2.Samboornathammal 3.Singaravelu 4.Murugesan 5.Ramamoorthy 6.Kaliyamoorthy 7.Revathy 8.Pushpavalli 9.Alagammal 10.Neelamani 11.Sivakami ...Respondents 2-11/Defendants 1-10 Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct for expeditious disposal of the O.S.No.313 of 2007 on the file of the Principal Subordinate Judge, Tiruchirappalli and allow the above Civil Revision Petition.

For Petitioner : Mr.N.Mohan

O R D E R

This Civil Revision Petition has been filed to dispose of the suit in O.S.No.313 of 2007 on the file of the Principal Subordinate Judge, Tiruchirappalli, within the time span as fixed by this Court.

2.The learned counsel for the petitioner would submit that the first respondent herein has filed a suit in O.S.No.313 of 2007 on the file of the Principal Subordinate Judge, Tiruchirappalli against the defendants for specific relief based on a sale Agreement dated 12.01.2004 where the petitioner/11th defendant has 1/3

filed her written statement. The suit was dismissed for default on 07.03.2013 for non appearance of the plaintiff and the restoration petition with huge delay was allowed. The grievance of the petitioner is that the plaintiff did not co-operate even for framing the issues. Though the suit was filed in the year 2007, trial has not yet commenced till date and the petitioner has spent a lot to defend the vexatious suit for the past 14 years. Hence, the petitioner has come forward with this Civil Revision Petition seeking early disposal of the suit in O.S.No.313 of 2007.

3. Since this Civil Revision Petition is filed for early disposal of the Suit, as no adverse order is going to be passed, notice to the respondents is dispensed with.

4.Considering the facts and circumstances of the case and also considering the fact that the suit is pending before the trial Court for the past 14 years, this Court feels that ends of justice would be met by directing the Court below to dispose of the suit within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Principal Subordinate Judge, Tiruchirappalli, to dispose Interim Application and the suit in O.S.No.313 of 2007 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To The Principal Subordinate Judge Tiruchirappalli Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai. 31.03.2021 msa nsv (24.04.2021) 3P 3C 3/3