P.Deepan Subakar v. P.Kamuthayee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.57 of 2017 (PD) P.Deepan Subakar .. Petitioner/ Plaintiff Vs.

1.P.Kamuthayee 2.The Sub Registrar, Registrar Office, Kodaikanal, Dindigul District ..Respondents/ Defendants PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the District Munsif-CumMagistrate Court, Kodaikanal to dispose of the original suit in O.S.No.88 of 2012 pending before the District Munsif Cum Magistrate Court, Kodaikanal as expeditiously as possible and allow this Civil Revision Petition.

For Petitioner :

Mr. J.Pooventhera Rajan

ORDER

The petitioner has filed this Civil Revision Petition to direct the District Munsif-Cum-Magistrate Court, Kodaikanal to dispose of the original suit in O.S.No.88 of 2012 pending before the District Munsif Cum Magistrate Court, Kodaikanal as expeditiously as possible.

2.The petitioner is the plaintiff. The respondents are the defendants. The petitioner filed suit in O.S.No.88 of 2012 for declaration that the Cancellation Deed, dated 08.05.2012 registered as Document No.922 of 2012 before the Office of the Sub-Registrar, Kodaikanal is null and void and consequential relief of permanent injunction restraining the defendant No.1 not to alienate the suit property to some third party. The respondent filed written statement on 23.03.2016. Subsequently, the said suit is pending without any progress. In the circumstances, the petitioner has come out with the present Civil Revision Petition for early disposal of the suit in O.S.No.88 of 2012. 3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. 4.Having been taken into consideration of 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 District Munsif-cum-Magistrate, Kodaikanal.

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5.Accordingly, this Civil Revision Petition is allowed and the learned District Munsif-cum-Magistrate, Kodaikanal is directed to dispose of suit in O.S.No.88 of 2012 as expeditiously as possible, in any event, not later than, 30th June, 2017. No costs. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To 1.The District Munsif-cum-Magistrate, Kodaikanal 2.The Sub Registrar, Sub-Registrar Office, Kodaikanal.

+1cc to Mr.J.Pooventhira Rajan, SR.No:2189 am AE/RR/BS/31.01.2017/2p/4c C.R.P(MD)No.57 of 2017 (PD) 11.01.2017 https://hcservices.ecourts.gov.in/hcservices/