Madras High CourtCRP(MD)/2470/2017disposed of

Hazarth Nabi Sallalahu v. Ganesh,

2017-12-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD)(PD)No.2470 of 2017 1.Hazarath Nabi Sallalahu Allahu Alaihi Vasallam Trust, 2.B.Abdul Kadar, Trustee.

Both are residing at Hazrat Nabi Sallalaho ALIahu Alaihi Vasallam Trust, 7, Jalai Kudhiri Street, Trichy - 8.

... Petitioners Vs.

1.Ganesh 2.M.Abdul Kadar 3.S.Mohideen ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the III Additional District Munsif Court, Tiruchirappalli to expeditiously conduct the trial of the suit in O.S.No.344 of 2013.

For Petitioners : Mr.M.Karunanithi

O R D E R

The Civil Revision Petition has been filed for a direction to the learned III Additional District Munsif, Tiruchirappalli to expeditiously conduct the trial of the suit in O.S.No.344 of 2013.

2. The learned counsel for the petitioners would submit that the suit in O.S.No.344 of 2013 has been filed by the first respondent/plaintiff for the relief of permanent injunction in favour of the first respondent/plaintiff restraining the petitioners/defendants, their men, agents, subordinates, servants and anyone claiming through them not to evict the respondent/plaintiff from the suit property without adhering to due process of law. The learned counsel for the petitioners would further submit that since the suit has been filed in the year 2013 and the trial has commenced, the matter has been adjourned unnecessarily. He would also submit that only to drag on the proceedings, the first respondent/plaintiff has got adjournment https://hcservices.ecourts.gov.in/hcservices/

periodically and the petitioners/defendants awaited for the past four years. Hence, the petitioners have come forward to file the Civil Revision Petition before this Court for early disposal of the suit in O.S.No.344 of 2013.

3. Since the revision petition itself is for early disposal, no notice is necessary to the respondents.

4. Considering the facts and circumstances of the case and also considering the fact that the suit has been filed in the year 2013, the learned III Additional District Munsif, Tiruchirappalli is directed to dispose of the suit in O.S.No.344 of 2013 within a period of six months from the date of receipt of a copy of this order.

5. The Civil Revision Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To The III Additional District Munsif Tiruchirappalli.

+One cc to M/s.M.Karunanithi, Advocate, SR.No.93656 akv RL/3C/2P/JC/SAR1/22/1/2018 C.R.P(MD)(PD)No.2470 of 2017 19.12.2017 https://hcservices.ecourts.gov.in/hcservices/