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Madras High CourtCRP(MD)/1339/2016dismissed

S.B.Suriya Narayanaraj v. Rajapalayam Thiruvananthapuram

2018-06-14Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2018 Coram:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P(MD).No.1339 of 2016 and C.M.P.(MD) No.6409 of 2016 1.S.B.Suriya Narayanaraja 2.S.R.Ganesh Ram ... Petitioners/Respondents 1 and 2/ Plaintiffs Vs.

1. Rajapalayam Thiruvananthapuram Kottai, Raju's Common Mahasabai Through its President, S.A.Balaramaraja ... 1st Respondent/Petitioner/ 1st Defendant 2.Rajapalayam Thiruvananthapuram Kottai K.Sathiriya Raju's Common Mahasabai Through its President Office at 670, Thiruvananthapuram Street, Rajapalayam Town, Virudhunagar District.

3.S.A.Ganesaraja 4.S.N.Arunaraja 5.S.R.Ramaraja 6.S.A.Balaramaraja 7.E.V.Sathiyanarayanan .. Respondents 2 to 7/Respondents 3 to 8/ Defendants 2 to 6 PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India against the fair and decreetal order dated 05.01.2016 passed in I.A.No.1899 of 2014 in O.S.No.271 of 2013 on the file of Additional District Munsif, Srivilliputhur. For Petitioners : Mr.G.Sridharan For R1 : Mr.N.Dilip Kumar

O R D E R

This Civil Revision Petition is filed against the fair and decreetal order dated 05.01.2016 passed in I.A.No.1899 of 2014 in O.S.No.271 of 2013 on the file of Additional District Munsif, Srivilliputhur.

2. Heard the arguments of both sides.

3. Though in this Civil Revision Petition the order passed in I.A.No.1899 of 2014 was challenged, the learned counsel for the petitioners and the learned counsel for the first respondent have agreed that the suit may be directed to be disposed of within a stipulated time.

4. This Court is inclined to pass the following order:- I) This Civil Revision Petition is dismissed confirming the order passed in I.A.No.1899 of 2014 in O.S.No.271 of 2013. II) The trial court is directed to dispose of the suit within a period of three months from the date of receipt of copy of this order on day to day basis without giving adjournment to either parties on its own merits and both parties are directed to give their fullest co-operation to dispose the suit at the earliest. No costs. Consequently, connected C.M.P.(MD) No.6409 of 2016 is closed.

Sd/- 14.06.2018 This Petition having been posted on Friday, Thirteenth day of July Two Thousand and Eighteen 'FOR BEING MENTIONED' . In pursuance of the order of this Court dated 14.06.2018 and made herein in the presence of the abovesaid Advocate, this Court made the following order;

Since this Court while dismissing the Civil Revision Petition directed the learned Additional District Munsif, Srivilliputtur to dispose of the suit in O.S.No.271 of 2013 within a period of three months by mentioning its own merits.

2. Now the learned counsel for the petitioner bring the matter under the caption "for being mentioned".

3. Therefore, the matter is listed today under the caption ''for being mentioned.''

4. The learned counsel for the petitioner represented that the learned Additional District Munsif, Srivilliputtur may pass an order without influencing the order in I.A.Nos.1899 and 1900 of 2014 in O.S.No.271 of 2013 and the Civil Revision Petition.

5. The learned counsel for the respondent also accepted. The request of the learned counsel for the petitioner, as a genuine one. Therefore, the learned Additional District Munsif, Srivilliputtur is directed to dispose of the suit in O.S.No.271 of 2013, within a period of three months from the date of receipt of copy of this

order, without influencing any merit on the order passed in I.A.Nos.1899 and 1900 of 2014 in O.S.No.271 of 2013, on its own merits of the suit.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS-III) To (*) (To be Substituted to the order already despatched on 06.07.2018) The Additional District Munsif, Srivilliputhur.

+1CC to Mr.G.Sridharan Advocate in SR.No.72932. +1CC to Mr.N.Dilip Kumar Advocate in SR.No.72881. CM TE/SKN-RSK/SAR-4 : 06/07/2018 : 2P/4C KSA DS/SKN-RSK/SAR-3 :07.08.2018: 3P/4C C.R.P.(MD).No.1339 of 2016 and C.M.P.(MD) No.6409 of 2016 14.06.2018