Madras High CourtCRP(MD)/2451/2017disposed of

P. Kamala v. R. Rajendran

2017-12-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM

THE HON'BLE Mrs.JUSTICE J.NISHA BANU C.R.P.(MD) No.2451 of 2017 P.Kamala ... Petitioner/Plaintiff -Vs1.R.Rajendran 2.P.Saraswathi ... Respondents/Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the District Munsif Court, Thiruchirappalli to dispose the suit filed by the petitioner in O.S.No. 367 of 2016 pending on the file of the District Munsif Court, Thiruchirappalli within a time frame that may be fixed by this Court.

For Petitioner :

Mr.C.M.Arumugam

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Thiruchirappalli to dispose the suit filed by the petitioner in O.S.No. 367 of 2016 within a time frame that may be fixed by this Court. 2.The learned counsel for the petitioners would aver among other things that the suit in O.S.No.367 of 2017 was filed for the relief of permanent injunction along with mandatory injunction against the respondents/defendants in respect of schedule mentioned suit property. Subsequently, the issues were framed and posted the suit for trial on 20.10.2016 and the same is pending for the past one year and the said suit is adjourned periodically and mechanically without any reason and the petitioner is a elderly woman. Therefore, the learned counsel for the petitioner prays for issuance of a direction to the lower court to dispose of the said suit within a time frame.

3. Since this Civil Revision Petition is filed for early disposal of the suit, no notice is necessary to the respondents herein.

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4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. Considering the facts and circumstances of the case and considering the fact that the petitioner is a lady aged about 67 years, 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,Trichirappalli, to dispose of O.S.No.367 of 2016 on merits and in accordance with law 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.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The District Munsif, Thiruchirappalli.

+ 1 CC TO Mr.C.M.ARUMUGAM, ADVOCATE IN SR No. 92904 CM TE/KKR/SAR-1 : 08/01/2018 : 2P/3C C.R.P.(MD) No.2451 of 2017 15.12.2017 https://hcservices.ecourts.gov.in/hcservices/