Parish Priest.Rev Gilbertt Liustson v. Rajayyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.R.P(MD)No.1280 of 2022 1.Parish Priest Rev. Gilbertt Liustson, St.Antony's Church, Mullanganavilai Post, Pallor Village, Vilavancode Taluk, Kanyakumari District.

2.Dennys 3.Xavier 4.Mullanganavilai Village Panchayat Represented by its President, Prabha, Mullanganavilai Post, Palloor Village, Vilavancode Taluk, Kanyakumari District.

... Petitioners Vs 1.Rajayyan 2.Aswin Prabhu ... Respondents 1/5

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Kuzhithurai, to dispose of the suit in O.S.No.271 of 2012, within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For R1 : Mr.M.P.Senthil For R2 : No appearance

O R D E R

This Civil Revision Petition is filed to direct the learned District Munsif, Kuzhithurai, to dispose of the suit in O.S.No.271 of 2012, within the time stipulated by this Court. 2.The learned Counsel appearing for the petitioners/defendants submits that the respondents herein have filed a suit in O.S.No.271 of 2012 for the relief of permanent injunction as against the petitioners, before the District Munsif Court, Kuzhithurai. According to the petitioners, though they have not trespassed into the property of the plaintiffs and the suit has been filed in order to grab the 2/5

property, which has been used by the villagers, they are ready to conduct the case and they have filed their written statement on 12.10.2012 itself. However, the suit was adjourned from 21.11.2014 to 13.07.2015 stating that IA, CMP and CRP are pending. Thereafter, it was posted from 06.08.2015 to 28.09.2015 for enquiry. The grievance of the petitioners is that the suit has been filed in the year 2012 and it has been kept pending without any effective progress for the past 10 years. Hence, the petitioner has come up with this present Civil Revision Petition seeking for early disposal of O.S.No.271 of 2012.

3.This Court considered the submissions of the learned counsel for the petitioner and also perused the materials placed on record.

4.It is seen from the records that the suit is of the year 2012 and it was adjourned for one reason or another over a period of 10 long years.

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5.Considering the limited prayer sought for by the petitioners in this Civil Revision Petition and considering the fact that the suit is of the year 2012, this Court is inclined to dispose of this Civil Revision Petition with a direction to the learned District Munsif, Kuzhithurai to dispose of O.S.No.271 of 2012, within a period of six months from the date of receipt of a copy of this order.

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

08.08.2022 Index : Yes / No.

Internet : Yes / No.

vrn To The District Munsif, Kuzhithurai 4/5

B.PUGALENDHI, J.

vrn C.R.P(MD)No.1280 of 2022 08.08.2022 5/5