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Madras High CourtCRP(MD)/2467/2017disposed of

V.Vivekananda, v. S.Murugan,

2017-12-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2467 of 2017 1.Vivekananda 2.V.Nirmaladevi ... Petitioners / Plaintiffs Vs.

S.Murugan

...Respondent / Defendant

PRAYER: Civil Revision Petition is under Article 227 of the Constitution of India, to direct the learned V Additional District Judge, Madurai, to dispose of the O.S.No.115 of 2014 on his file as expeditiously as possible and pass orders. For Petitioners : Mr.V.Janakiramulu

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned V Additional District Judge, Madurai, to dispose of O.S.No.115 of 2014 within a specified period that this Court deem fit in the circumstance of the case.

2. The learned counsel for the petitioners would aver among other things that they have filed O.S.No.115 of 2014 for recovery of Rs.20,00,000/- along with interest thereon borrowed by the respondent from the petitioners by executing a promissory note dated 07.09.2013. The respondent also issued cheques for realization of the amount. The petitioners have deposited the cheques issued by the respondent for realization, but, all the cheques were returned as "dishonoured". Hence, the petitioners constrained to file the above suit. The petitioners would further submit that cross-examination of plaintiff' side witnesses were dragged on by the respondent for more than 2 years from December 2015 to October 2017 and the suit is posted for evidence of the defendant/respondent. But it is being adjourned at the request of defendant's counsel.

3. The learned counsel for the petitioners further stated that since the respondent is dragging on the matter, the petitioners have come forward with the present Civil Revision Petition for early disposal of the suit.

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4. Since a direction for early disposal of the suit is sought for by the petitioners, no notice is necessary to the respondent herein.

5. 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 V Additional District Judge, Madurai, to dispose of O.S.No.115 of 2014 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-I) /True Copy/ Sub Assistant Registrar To The V Additional District Judge, Madurai.

+1cc to M/S.V.Janakiramulu, Advocate SR.No. 93454 C.R.P.(PD)(MD)No.2467 of 2017 18.12.2017 CM JM/SKN RSK/SAR 1/12.01.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/