P. Muthuraman v. K. Selvi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.12.2017 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2281 of 2017 1.P.Muthuraman 2.P.Sivaraman .. Petitioners/Petitioners/Defendants 1 & 2 vs.
1.K.Selvi 2.K.Muthukumar 3.K.Sethupathirajan 4.K.Prameshwari Rani 5.K.Balapunitham 6.K.Jansirani 7.K.Rajarajeswawari 8.K.Jayaseeli 9.Pondharmar ... Respondents 1 to 9/ Respondents 1 to 9/Plaintiffs 10.Seeladevi 11.Samayan@ Arivumalai 12.Palanisamy 13.Suresh 14.D.Jeyakumar 15.Senthilkumar 16.Abdulkareem 17.Sagunthala 18.Thayammal 19.P.Lakshmi Praba 20.Kemasari 21.S.A.Malik 22.S.A.Jamal 23.P.Karanthan 24.Kamala 25.Veeriyammal 26.Pechiyammal 27.Pakkiam 28.Jeyamani 29.Dhanalakshiammal 30.Sakthivel 31.Adhilakshmi 32.Senthivel 33.Adhimoolam 34.Sumathi
35.Hari Pinisha 36.S.A.Vahith 37.Pandi 38.Ravanan 39.Nakeran 40.Eswaran 41.Sivanammal 42.Selvaraj 43.Ponnalagu @ Meenakshi ... Respondents 10 to 43/ Respondents 10 to 43/Defendants 3 to 36 PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Additional District Munsif, Madurai Town to dispose of I.A.No.420 of 2016 in O.S.No.386 of 2008 within time limit as fixed by this Court.
For Petitioners : Mr.N.Tamilmani
ORDER
The above Civil Revision Petition has been filed seeking a direction to the learned Additional District Munsif, Madurai Town to dispose of I.A.No.420 of 2016 in O.S.No.386 of 2008, within a stipulated time as fixed by this Court.
2. The petitioners are the defendants 1 and 2 in O.S.No.386 of 2008, on the file of the Additional District Munsif Court, Madurai. The petitioners, after receiving the copy of the plaint in O.S.NO.386 of 2008, filed O.S.NO.92 of 2009, before the District Munsif Court, Virudhunagar seeking the relief of declaration declaring the judgment and decree passed in O.S.No.176 of 1996, dated 11.07.1996 as null and void and will not bind as far as these petitioners are concerned. The petitioners also impleaded all the legal heirs of one Krishnan, who are the plaintiffs 1 to 8 in O.S.No.386 of 2008. The learned District Munsif, Virudhunagar decreed the above suit in O.S.No.92 of 2009 on 26.03.2010. Thereafter, the petitioners filed an application in I.A.No.420 of 2016 in O.S.No.386 of 2008 to exonerate the petitioners from the said O.S.No.386 of 2008, in view of the judgment passed in O.S.No.92 of 2009.
3. The learned Counsel for the petitioners would submit that though I.A.No.420 of 2016 is pending from the year 2016 onwards, the respondents did not appear in I.A.No.420 of 2016 and the matter was adjourned frequently. Hence, the petitioners have come before this Court by filing this Civil Revision Petition seeking early disposal of the I.A.
4. Heard the learned Counsel for the petitioners and perused the materials available on record.
5. The prayer in the petition itself is with a limited prayer for speedy disposal of I.A.No.420 of 2016 in O.S.No.386 of 2008 and therefore, no notice is necessary to the respondent.
6. Considering the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if a direction is issued to the trial Court. Accordingly, having regard to the submissions made by the learned Counsel for the petitioners and also taking into consideration the limited prayer sought for in this Civil Revision Petition, without expressing any opinion with regard to the merits of the case, this Court directs the learned Additional District Munsif, Madurai Town to dispose of I.A.No.420 of 2016 in O.S.No.386 of 2008 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.
7. With the above directions, the Civil Revision Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Additional District Munsif, Madurai Town.
+ 1 CC TO Mr.N.TAMILMANI, ADVOCATE IN SR No. 91211 SSL TE/SV-MMS/SAR-2 : 08/12/2017 : 3P/3C C.R.P.(PD)(MD)No.2281 of 2017 06.12.2017