Madras High CourtCRP(MD)/536/2017disposed of

S. Durai v. M.S. Ramamoorthy

2018-07-13Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD).(MD)No. 536 of 2017

1. S. Durai

2. D. Hema ..

Petitioners Vs.

M.S. Ramamoorthy ..

Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Tiruchirapalli to complete the trial of the pending Original Suit in O.S.No.1078 of 2011, within the time stipulated by this Court. For Petitioner : Mr.D.Selvanayagam

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal District Munsif, Tiruchirapalli to complete the trial of the pending Original Suit in O.S.No.1078 of 2011, within the time stipulated by this Court.

2. The revision petitioners are the defendants-1 & 2 and the respondent herein is the plaintiff in the suit in O.S.No.1078 of 2011. The respondent herein/plaintiff has filed a suit in O.S.No.1078 of 2011 before the learned District Munsif, Trichy for the relief of permanent injunction. The suit in O.S.No.1078 of 2011 is posted for trial on 30.01.2013. It is stated that the suit is filed in the year 2011 and the matter has been prolonged for a long time without any progress and that a direction may be given by this Court for an early disposal, in the interest of justice.

3. Heard the learned Counsel for the petitioner and perused the materials available on record.

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

5. The case has been adjourned on several occasions without any valid reason.

6. Therefore, this Court, without going into the merits of the allegation raised by the revision petitioner, is inclined to direct the Court below to dispose of the suit in O.S.No.1078 of 2011, within the stipulated period.

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7. In view of the above, the learned District Munsif, Trichy is directed to dispose of the suit in O.S.No.1078 of 2011, on merits and in accordance with law, within the period of three months, from the date of receipt of a copy of this order, after issuing notice to both the parties.

8. The Civil Revision Petition is ordered accordingly. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar(CS-III) To The District Munsif, Trichy.

+1cc to M/S.D.Selvanayagam, Advocate SR.No. 72740 C.R.P.(PD).(MD)No. 536 of 2017 13.07.2018 ksa JM/SV/SAR 3/01.08.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/