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Madras High CourtCRP(MD)/365/2017allowed

Selvarani @ Sakila Banu, v. A.Selvaraj,

2017-02-23Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.365 of 2017 Selvarani @ Sakila Banu .. Petitioner Vs.

A.Selvaraj ... Respondent PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the learned District Munsif, Ramanathapuram, to expedite the proceedings in I.A.No.134 of 2016 in O.S.No.138 of 2014 by fixing a time frame. For Petitioner :

Mr.B.Sundarrajan

ORDER

The petitioner has filed this Civil Revision Petition, to direct the learned District Munsif, Ramanathapuram, to dispose of the case in I.A.No.134 of 2016 in O.S.No.138 of 2014, within the stipulated period of time.

2. The respondent, who is the plaintiff filed suit in O.S.No.138 of 2014 on the file of learned District Munsif, Ramanathapuram, seeking a relief of injunction, restraining the petitioner from alienating the suit properties. In the said suit, the petitioner filed written statement and trial commenced in the year 2014. The petitioner examined in chief and the evidence on behalf of both sides was closed and thereafter, the suit was posted for arguments. After taking more than 10 adjournments, the respondent / plaintiff filed I.A.No.134 of 2016, to recall the evidence of DW.1, for further cross examination. In the said application, the petitioner filed counter and thereafter, the matter is pending for more than 9 months without any progress.

3. In the circumstances, the petitioner has come out with the present revision.

4. I have heard the learned counsel appearing for the petitioner and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration the material facts and circumstances, this Court is of the view that in the interest of

justice, it may be expedient to issue a direction to the learned District Munsif, Ramanathapuram. Accordingly, this Civil Revision Petition is allowed and the learned District Munsif, Ramanathapuram is directed to dispose of I.A.No.134 of 2016 in O.S.No.138 of 2014 as expeditiously as possible, in any event, not later than 31st March 2017. No costs.

6. Considering the contention of the learned counsel for the petitioner that already evidence was closed and the suit is posted for arguments, the learned Judge is directed to dispose of the suit in O.S.No.138 of 2014, as expeditiously as possible in any event not later than 30th June 2017.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To The learned District Munsif, Ramanathapuram, +One cc to Mr.B.Sundarrajan, Advocate, SR.No.10144 trp RL/3C/2P/PM/10.3.2017 C.R.P(MD)No.365 of 2017 23.02.2017 https://hcservices.ecourts.gov.in/hcservices/