M.Sarbunisha Begam(Died) v. N.Anwar Ali

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.70 of 2017 (PD) M.Sarbunisha Begam(died) Mohammed Kasim (died) 1.Sadhiq 2.Sheik Abdullah 3.Baisal 4.Thariq .. Petitioners/ Plaintiff Vs.

1.N.Anwar Ali 2.Sakariammal 3.S.Johnbevi(died) 4.Murugesan 5.Rajeswari 6.S.Jaber 7.Saburammal 8.A.Femina 9.S.Goribegam 10.Bakrudeen Ali Ahamed

...Respondents/Defendants

PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the learned Additional Sub Judge, Dindigul to dispose the O.S.No. 364 of 2010 on the file of the Learned Additional Sub Judge, Dindigul within a time that may be stipulated by this Hon'ble Court.

For Petitioner :

Mr. M.Natarajan https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed this Civil Revision Petition to direct the learned Additional Sub Judge, Dindigul to dispose the O.S.No. 364 of 2010 on the file of the Learned Additional Sub Judge, Dindigul within the stipulated period of time.

2. The revision petitioners as the plaintiffs have filed a suit in O.S.No. 364 of 2010 on the file of the Learned Additional Sub Judge, Dindigul, against the respondents claiming the relief of declaration of title, direction for recovery of possession and mandatory injunction to demolish the unlawful construction commenced in the suit property.

3. The learned counsel appearing for the petitioners submitted that without filing the written statement, the respondents are seeking adjournment and dragging on the proceedings for the past one year. Therefore, the petitioners have come out with the present revision.

4. I have heard the learned counsel appearing for the petitioners and perused the materials available on record.

5. 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 learned Additional Subordinate Judge, Dindigul. Accordingly, this Civil Revision Petition is allowed and the learned Additional Subordinate Judge, Dindigul is directed to dispose of O.S.No.364 of 2010 as expeditiously as possible, in any event, not later than 31st July 2017. No costs.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To The Additional Subordinate Judge, Dindigul +1 cc to Mr.M.Natarajan,Advocate,SR.No:3130 trp AE/MR VB/02.02.2017/2p/3c C.R.P(MD)No.70 of 2017 (PD) 12.01.2017 https://hcservices.ecourts.gov.in/hcservices/