Madras High CourtCRP(MD)/2170/2017disposed of

Bakarudeen, v. Muhammed Ali Jinna

2017-11-23Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRP(PD)(MD)No.2170 of 2017 1.Bakarudeen 2.Rasheedhukhan

...Petitioners / Defendants

vs.

Muhammed Ali Jinna

...Respondent / Plaintiff

PRAYER:Petition filed under Article 227 of the Constitution of India to direct the learned District Munsif, Devakottai to expedite the proceedings in O.S.No.20 of 2015 pending on the file of the learned District Munsif, Devakottai and to dispose of the same within a stipulated time that may be fixed by this Court. For Petitioners : Mr.V.A.Dhana Aravindha Balaji

O R D E R

This revision petition has been filed seeking a direction to the learned District Munsif, Devakottai to expedite the proceedings in O.S.No.20 of 2015 pending on the file of the learned District Munsif, Devakottai and to dispose of the same within a stipulated time that may be fixed by this Court.

2.The learned counsel for the petitioner would aver among other things that the respondent instituted the suit for declaration and injunction stating that he has got absolute title over the property. The suit property, according to the petitioner, originally belonged to the petitioner and the respondent threatened the petitioner to execute the sale deed. The suit in O.S.No.20 of 2015 was filed by by the respondent/plaintiff by creating forged documents. The case was https://hcservices.ecourts.gov.in/hcservices/ posted for trial and after that it has been adjourned for several

times without any progress. The respondent has not turned up in the hearing dates and the petitioner has to come from Chennai for every hearing and the case is adjourned without any progress and therefore, the petitioner prays for speedy trial.

3. Since the petition is only for early disposal of the suit, no notice is necessary to the respondent herein.

4. Considering the facts and circumstances of the case, 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 District Munsif, Devakottai to dispose of O.S.No.20 of 2015 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-II) /True Copy/ Sub Assistant Registrar To, The District Munsif, Devakottai.

Cm MV:KP:SAR1:15/12/2017/2P/2C CRP(PD)(MD)No.2170 of 2017 23.11.2017 https://hcservices.ecourts.gov.in/hcservices/