Madras High CourtCRP(MD)/532/2017dismissed

A.V.K. Arulkrushnan v. Renuka Murugaiah

2017-03-16Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.03.2017 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRP(MD) No. 532 of 2017 A.V.K.Arulkrushanan ...Petitioner/Petitioner -Vs1.Renuka Murugaiah 2.Dr.Bhavani Saravanabhavan 3.R.Muralidharan 4.Parameswari 5.B.K.Chellappan 6.The State of Tamilnadu Rep. By The District Collector, Tiruchirappalli District, Tiruchirappalli.

7.The Tashildar, Mannachanallur Taluk, Tiruchirappalli District ...Respondents/Defendants Prayer: This Civil Revision Petition filed under Article 227 of the Constitution of India, prayed that this Hon'blecourt may be pleased to direct the District Munsif Court, Lalgudi to dispose of the suit in O.S.No.312 of 2007 within a time frame as fixed by this Hon'ble Court and pass such further or orhter order as this Hon'ble Court.

For Petitioner : Mr.T.Lenin Kumar

ORDER

This Civil Revison Petition is filed seeking expedite disposal of the suit in O.S.No.312 of 2007 pending before the District Munsif, Lalgudi.

2.Heard the learned counsel for the petitioner and perused the materials placed on record.

3. A perusal of 'B' diary extract indicates that after prolonged adjournments an application to produce documents was filed by the 5th defendant and the documents were produced by the plaintiff and the trial has commenced. As per the 'B' diary https://hcservices.ecourts.gov.in/hcservices/

extract, P.W.1's chief examination is over and cross examination of P.W.1 is pending since 04.12.2016. It appears that 5th defendant, who has successfully taken out an application for production of documents, despite production of documents, has not cross examined P.W.1 in spite of his appearance before the court for several hearings. This has prompted the plaintiff to approach this court for the relief as stated above. Having given adequate opportunity to the 5th defendant, it appears that the 5th defendant has not cross examined P.W.1 for the court to proceed further.

4. Considering the facts and circumstances of the case, it is suffice to direct the trial court to curtail unnecessary adjournments in this case and show progress and dispose of the suit at the earliest and if at all any party indulge in unwanted adjournments, strict view shall be taken and dealt in accordance with law.

5. With the above observation, this Civil Revision Petition is dismissed. No costs.

Sd/- Assitant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector,Tiruchirappalli District. 2.The Tashildar,Mannachanallur Taluk,Tiruchirappalli District. 3.The District Munsif Court, Lalgudi.

+1cc to M/s.T.LENIN KUMAR, Advocate, in SR No. 15260 CM AAM-SV MMS/SAR 2/17.03.2017 2P 5c CRP(MD) NO. 532 Of 2017 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/