K.P.R.Baskaran v. P.Kalaivani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 C O R A M THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR K.P.R.Baskaran ... Petitioner Vs.

1.P.Kalaivani 2.The Proprietor, Nadar Today Indumil Monthly Magazine, No.51/89, Arcot Road, Kodambakkam, Chennai-24, Chennai District.

3.K.Balamurugan 4.Jacob Indumaran Bala ... Respondents PRAYER: Petition filed under Article 227 of the Constitution of India to direct the Sub-Court, Theni, Theni District to dispose of O.S. No. 136 of 2018 within a time frame fixed by this Court.

For Petitioner : Mr. M.A.M.Raja 1/5

ORDER

This Civil Revision Petition invoking Article 227 of the Constitution of India has been filed for expeditious disposal of the suit in O.S. No. 136 of 2018 on the file of the Sub-Court, Theni.

2.

Heard Mr. M.A.M. Raja, Learned Counsel appearing for the Petitioner and perused the materials available on record. 3.

In furtherance to the order dated 16.04.2024 passed by this Court, the Principal District Judge, Theni has sent a report dated 15.05.2024, in D. No. 2484/2024, which reads as follows:- "I beg to submit that, the suit in O.S.136/2018 on the file of Sub Court, Theni ha been filed for seeking the relief of damages. Further, I humbly submit that in this case on 27.07.2018 D1 has appeared through his counsel and filed vakalath and D2 to D4 were set exparte for their non appearance. Thereafter on filing of writter sIndutement of D1 on 03.11.2018 petition U/o.9 R7 of CPC filed by D2 and D3 alongwith written sIndutement in 1.A.651/18 was filed and the same was allowed or 08.02.2019 and issues were framed and the case is posted for trial.

2/5

Further, I humbly submit that subsequently on 21.06.2022 PWI was examined in chief and posted for cross examination on 14.07.2022, 03.08.2022, 29.08.2022 and finally on 05.09.2022 and thereafter since D1 to D3 have not turned up to cross examined PW1 they were set exparte and PW2, PW3 were examined on 29.09.2022 and plaintiff side evidence was closed and posted for arguments on 28.10.2022.

Further, I humbly submit that, on 28.10.2022 petition U/o.9 R7 of CPC in I.A.1/22 has been filed by DI and the same was allowed on 05.06.2023 and on 17.08.2023 PWI was partly cross examined and further examined in full on 30.10.2023 on the side of D1 and the case has been posted for cross examination of PW2 and PW3 on 23.11.2023. Further, I humbly submit that on 30.01.2024 petition in U/o.9 R7 of CPC and U/o.18 R17 of CPC and U/s.151 of CPC has been filed by D2 and D3 in I.A.No.2/24 to 1.A.4/24 and the same were pending for filing counter sIndutement. I further humbly that, there is no impediment to proceed with the trial as the applications in I.A.2/24 to 4/24 will be disposed as early as possible."

4.

In view of the above explanation and since the suit is of the year 2018, there shall be a direction to the learned Principal District Judge, Theni, to 3/5

dispose of the suit in O.S.No.136 of 2018, as expeditiously as possible. This Civil Revision Petition is disposed on the aforesaid terms. No costs. 21.01.2026 Index : Yes/No NCC : Yes/No Indu 4/5

N.SENTHILKUMAR, J.

Indu TO:- 1.The Sub-Court, Theni.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

21.01.2026 5/5