Madras High CourtCRP(MD)/1582/2017allowed

A.S.M.Maheswari, v. M/S.T.M. Textiles A Registered

2017-09-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2017

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.1582 of 2017 A.S.M.Maheswari ... Petitioner/2nd respondent Vs.

1.M/s.T.M's Textiles, a Registered Partnership Firm, Hamid Ahmed S/o.Ahmed Tayub, 126-A South Masi Street, Madurai.

... 1st respondent/Appellant 2.A.M.Ratish Babu 3.A.M.Jaisree Muralidhar ... Respondents 2 and 3 / Respondents 3 and 4 PRAYER:- Civil Revision Petition is filed under Article 227 Constitution of India, to set aside and to pass an order directing the Principal Subordinate Judge, Madurai/Appellate Authority under Act 18 of 1960 to expeditiously disposal the pending appeal in R.C.A.No.47 of 2014 with the time stipulated by this Court. For Petitioner :Mr.P.Thiagarajan

J U D G M E N T

This Civil Revision Petition has been filed by the petitioner to set aside and to pass an order directing the Principal Subordinate Judge, Madurai/Appellate Authority under Act 18 of 1960 to expeditiously dispose the pending appeal in R.C.A.No.47 of 2014 with the time stipulated by this Court.

2. This Revision is taken up for final disposal at the admission stage itself. Since this petition is filed for early disposal of the case and the case is pending from the year 2002 onwards, this Court feels notice is not necessary to the respondents.

3. The revision petitioner would submit that R.C.O.P. 217 of 2002 was filed in the year 2002 and an order of eviction was passed on 23.06.2014 and records were called for and the same was received as early as on 21.08.2015 and thereafter, the matter was posted 15 times for arguments and without any progress, the case https://hcservices.ecourts.gov.in/hcservices/

was simply adjourned. The petitioner is a senior citizen and the case is prolonging from the year 2002 and he was put to serious prejudice. Though the petitioner has got an order of eviction as early as on 2014, till date without any progress the matter has been being adjourned and hence, the petitioner has come forward with this Civil Revision Petition for early disposal of the above case.

4. Considering the fact that the case is pending from 2002 onwards and the petitioner is a senior citizen, this Court directs the learned Principal Subordinate Judge (Appellate Authority under Act 18 of 1960) to dispose of the above case within a period of three months from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To The Principal Subordinate Judge, Appellate Authority, Madurai +One cc to M/s.P.Thiagarajan, Advocate, SR.No.80417 cm RL/3C/2P/MR/KKR/SAR1/12/10/2017 C.R.P.(PD)(MD)No.1582 of 2017 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/