A.Sundari v. G.Rasammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 C O R A M THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A.Sundari ... Petitioner Vs.

G.Rasammal ... Respondent PRAYER: Petition filed under Article 227 of the Constitution of India to direct the Principal District Munsif, Sivagiri, Tenkasi District to dispose of the suit in O.S. No. 74 of 2020 within the time stipulated by this Court. For Petitioner : Mr. M.Mohamed Sherbudeen

ORDER

This Civil Revision Petition invoking Article 227 of the Constitution of India has been filed for expeditious disposal of the suit in O.S. No. 74 of 2020 on the file of the Principal District Munsif Sivagiri, Tenkasi (hereinafter referred to as 'the Trial Court' for the sake of clarity and convenience). 1/5

2.

Heard Mr. M.Mohamed Sherbudeen, Learned Counsel appearing for the Petitioner and perused the materials available on record. 3.

In furtherance to the order dated 30.04.2024 passed by this Court, the Principal District Munsif (FAC), Dindigul has sent a report dated 06.06.2024, in D. No. 737/2024, which reads as follows:- "I humbly submit your honour's that as per reference above 2nd cited the Hon'ble Madurai Bench of Madras High Court directed to this court to submit deInduil report with respect reference 2nd cited above on or before 05.06.2024 before the Hon'ble Madurai bench of Madras High Court. I further humbly submit your honour's that the suit O.S. 74/2020 has been filed before this court on 02.12.2020 for relief of Declaration and Recovery of Possession.

I further humbly submit your honour's that the written sIndutement filed by the defendant on 27.09.2021 and Issues framed on 27.09.2021. After that the Trial commenced on 15.12.2021 and plaintiff examined as PWI and posted for cross examination on 27.01.2022.

I further humbly submit your honour's that, the PWI cross examined in partly on 01.08.2022 and posted for further cross examination of PWI on 24.08.2022. After that the Defendant side exparte on 10.10.2022 no represenIndution for PWI cross examination.

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I further humbly submit your honour's that Order 9 Rule 7 CPC petition by the defendant filed on 27.10.2022 and allowed on 06.03.2023. On 09.06.2023 the defendant not ready to further cross examination of PWI and cost of Rs.200/- paid to the PW1.

I further humbly submit your honour's that On 19.01.2024 PW1 cross examined by the defendant side and continuation of cross examination posted to 22.02.2024. After that the defendant side no represenIndution for further cross examination of PWI on 21.03.2024 and posted on 21.01.2026. I further humbly submit whenever the plaintiff present, the defendant did not present and whenever the defendant present the plaintiff did not present.

I further humbly submit that both parties will co-operate this court, this court is able to dispose the case as early as possible."

4.

In view of the above explanation, there shall be a direction to the learned Principal District Munsif (FAC), Sivagiri, to dispose of the suit in O.S.No.74 of 2020 as expeditiously as possible.

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This Civil Revision Petition is disposed on the aforesaid terms. No costs. 21.01.2026 Index : Yes/No NCC : Yes/No Indu To:- 1.The Principal District Munsif (FAC).

Sivagiri.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

Indu 21.01.2026 5/5