Madras High CourtCRP(MD)/1202/2018disposed of

K.V.Gopirajan v. Skr. Balasubramanian

2018-06-20Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)Nos. 1202 & 1203 of 2018 C.R.P.(MD)No. 1202 of 2018 K.V. Gopirajan ..Revision Petitioner/Appellant Vs.

1. S.K.R. Balasubramanian

2. B. Uma Maheswari

3. R.K.H.L. Mohanram

4. G. Uma Maheswari .. Respondents/Respondents 1 to 4 C.R.P.(MD)No. 1203 of 2018

1. K.V. Gopirajan 2.G. Uma Maheswari .. Revision Petitioners/Appellants Vs.

1. S.K.R. Balasubramanian

2. B. Uma Maheswari ..

Respondents/Respondents 1&2 PRAYER in C.R.P.(MD)No.1202 of 2018: Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Sub-Judge, Kumbakonam, Thanjavur District, to dispose of the A.S. No.21 of 2014, within the time limit fixed by this Court. PRAYER in C.R.P.(MD)No.1203 of 2018: Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Sub-Judge, Kumbakonam, Thanjavur District, to dispose of the A.S. No.22 of 2014, within the time limit fixed by this Court. For Petitioner(s) : Mr. A. Thiruvadikumar in both the CRPs.

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ORDER

The Civil Revision Petitions have been filed seeking a direction to the learned Principal Sub-Judge, Kumbakonam, Thanjavur District, to dispose of the A.S. Nos.21 & 22 of 2014, within the time limit fixed by this Court.

2. The Petitioners/Appellants would submit that the A.S. Nos.21 & 22 of 2014 have been filed against the Judgment and Decree dated 13.02.2014 in O.S.Nos.235 & 300 of 2004 passed by the I Additional District Munsif Cum Judicial Magistrate, Kumbakonam. The petitioners would submit that the respondents-1 & 2 had moved Tr.O.P. Nos.102 & 103 of 2017 before the learned Principal District Judge, Thanjavur, Thanjavur District, seeking transfer of the cases in A.S.Nos.21 & 22 of 2014 on the file of the learned Additional Sub-Court, Kumbakonam and the same was allowed on 13.03.2018 and the same have been transferred to the Principal Sub-Court, Kumbakonam, Thanjavur District. After completion of the arguments on the side of the appellant, the cases have been adjourned periodically for over a year.

3. The grievance of the revision petitioners is that the matters are pending from the year 2014 and the same is being adjourned by the Appellate Court periodically and therefore, the petitioners have come up with these Civil Revision Petitions for the aforesaid prayer.

4. Heard the learned Counsel for the petitioners and perused the materials available on record.

5. A perusal of the 'B' Diary extract would fortify the contentions made by the learned counsel for the petitioners.

6. The cases have been adjourned on several occasions without any valid reason.

7. Therefore, this Court, without going into the merits of the allegation raised by the revision petitioners, is inclined to direct the Court below to dispose of the A.S.Nos.21 & 22 of 2014, within the stipulated period.

8. In view of the above, the learned Principal Sub-Judge, Kumbakonam, Thanjavur District, is directed to dispose of the A.S.Nos.21 & 22 of 2014, on merits and in accordance with law, within the period of eight weeks, from the date of receipt of a copy of this order, after issuing notice to both the parties.

9. The Civil Revision Petitions are ordered accordingly. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To The Principal Subordinate Judge, Kumbakonam, Thanjavur District.

+ 2 ccs TO Mr.A.Thiruvadikumar , Advocate in SR No.69031, 69032 ksa AE/SB/SAR3/10.07.2018/3P/4C C.R.P.(MD)Nos.1202 & 1203 of 2018 20.06.2018