Madras High CourtCRP(MD)/2028/2017disposed of

K.Karuppasamy v. Kannan

2017-11-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRP(PD)(MD)No.2028 of 2017 1)K.Karuppasamy 2)R.Pitchai

...Petitioners/Plaintiffs

vs.

1)Kannan 2)Meenakshi Sundar

...Respondents/Defendants

Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif to dispose of O.S.No.156 of 2015 on the file of the Principal District Munsif Court, Aruppukottai, Virudhunagar District expeditiously and within a time frame to be stipulated by this Hon'ble Court. For Petitioners : Mr.T.Antony Arul Raj

ORDER

This revision petition has been filed to issue a direction directing the learned Principal District Munsif Court, Aruppukottai, Virudhunagar District, to dispose of O.S.No.156 of 2015 within a time frame to be fixed by this Court.

2.Learned counsel for the petitioners would aver that the revision petitioners are plaintiffs and they filed O.S.No.156 of 2015 for declaration and permanent injunction. The pendency of the said suit is a hurdle for harmonious administration of the temple. The defendants were set ex parte due to non appearance. When the suit was posted for plaintiff side evidence on 02.11.2015, the defendants filed interlocutory application to set aside the ex parte order and the same was allowed on 11.02.2016. Since the suit is not only relating to administration of the temple but also relating to festival of the temple, the suit is hindering the smooth administration of the temple. Since the suit is pending from 2015 onwards, the petitioners have come up with this revision petition. 3.Since it is only a petition for early disposal of the suit which is pending from 2015, no notice is necessary to the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and without going into the merits of the matter, this Court feels that

ends of justice would be met by directing the Court below to dispose of the suit within a time frame. Accordingly, the learned Principal District Munsif Court, Aruppukottai, Virudhunagar District, is directed to dispose of O.S.No.156 of 2015 in accordance with law within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To The Principal District Munsif Court, Aruppukottai, Virudhunagar District.

+1CC to Mr.T.Antony Arul Raj, Advocate, SR.No. 86393 CRP(PD)(MD)No.2028 of 2017 10.11.2017 bala JM/SV MMS/SAR 2/22.11.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/