Thomas Zacharia v. Appukuttan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.375 of 2017 (PD) Thomas Zacharia

...Petitioner/Defendant No.1

Vs.

1.Appukuttan ... Respondent/Plaintiff 2.Methew Zacharia 3.Jasmine Thomas ... Respondents/Defendants No.2 & 3 PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the learned District and Sessions Judge, Kanyakumari District at Nagercoil to dispose the Interlocutory application in I.A.No.119 of 2013 in O.S.No.13 of 2011 within the time framed by this Court.

For Petitioner : Mr.T.Lajapathi Roy

ORDER

The petitioner has filed this Civil Revision Petition to direct the learned District and Sessions Judge, Kanyakumari District at Nagercoil to dispose the Interlocutory application in I.A.No.119 of 2013 in O.S.No.13 of 2011 within the time framed by this Court.

2.The petitioner is the first defendant and the first respondent is the plaintiff and the respondents 2 & 3 are the defendants 2 & 3. The first respondent filed suit in O.S.No.13 of 2011 before the District and Sessions Court, Kanyakumari District at Nagercoil for declaration of suit properties based on the sale deed, dated 23.09.2008. The petitioner and the respondents 2 & 3 filed written statement and contested the suit. The petitioner filed I.A.No.119 of 2013 for rejection of the plaint. The said I.A., is pending from the year 2013, without any progress. In the circumstances, the petitioner has come out with the present Civil Revision Petition for early disposal of I.A.No.119 of 2013. 3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. 4.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 and Sessions Judge, Kanyakumari District at Nagercoil. https://hcservices.ecourts.gov.in/hcservices/

5.Accordingly, this Civil Revision Petition is allowed and the learned District and Sessions Judge, Kanyakumari District at Nagercoil is directed to dispose of I.A.No.119 of 2013 in O.S.No.13 of 2011 as expeditiously as possible, in any event, not later than, 30th June, 2017. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To The District and Sessions Court, Kanyakumari District at Nagercoil +One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.10795 am SVA/3C/2P/BS/SARI/6.3.2017 C.R.P(MD)No.375 of 2017 (PD) 24.02.2017 https://hcservices.ecourts.gov.in/hcservices/