P.Ganapathi v. B.Sethuraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.11.2016

CORAM

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CIVIL REVISION PETITION (MD)(PD)No.1127 of 2016 P.Ganapathi .. Petitioner vs 1.B.Sethuraj 2.P.Ayyalusamy 3.P.Ramalingam 4.Seethalakshmi 5.Seethammal 6.Annalakshmi 7.Balasaraswathi 8.R.Ayyalusamy 9.Subbulakshmi 10.Mahalakshmi .. Respondents The Civil Revision Petition filed under Article 227 of the Constitution of India praying against suit in O.S. No.98 of 1996 on the file of District Munsif Court, Kovilpatti to comple the trial within stipulated time.

For Petitioner ... Mr.S.M.S.Johnny Basha

O R D E R

The Civil Revision Petition has been filed with a limited prayer to issue a direction to the learned District Munsif, Kovilpatti to dispose of the original suit in O.S.No.98 of 1996 within the time stipulated by this Court.

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2.This Court by order dated 14.06.2016 directed the Registry to call for a report from the learned District Munsif, Kovilpatti in view of earlier orders passed by this Court in C.R.P.Nos.525 of 2012 and 774 of 2011 to dispose of the suit in O.S.No.98 of 1996 on or before 31.07.2015. Accordingly, the learned District Munsif, Kovilpatti submitted his report by letter, dated 28.06.2016 to the Registrar (Administration), Madurai Bench of Madras High Court, Madurai, pursuant to the receipt of the order passed by this Court, dated 08.04.2015 in C.R.P.(PD)(MD)Nos.525 of 2012 and 774 of 2011 to dispose of the suit in O.S.No.98 of 96 on or before 31.07.2015, wherein, it is stated that the first and fifth defendants are dead. Hence, steps have been taken to implead the legal representatives of the deceased first and fifth defendants.

Thereafter, at the request of both the learned counsels the matter has been referred to the Lok Adalat on 27.04.2016. 3.Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that she is not in a position to contact the petitioner and after a lapse of four months time, she did not receive any information whether the order of this Court has been complied with or not.

4.Considering the submission made by the learned counsel for the petitioner and also considering the facts and circumstances of the case, the civil revision petition is dismissed with liberty to file a fresh petition before the appropriate forum/this Court. if necessary at a later stage. No costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To The District Munsif, Kovilpatti.

+1cc to Mr.SMS.Johnny Basha, Advocate SR.No.72732 cla sm:sks-rr:20/12/2016:2P/3C C.R.P.(MD)No.1127 of 2016 Date: 25.11.2016 https://hcservices.ecourts.gov.in/hcservices/