Madras High CourtCRP(MD)/153/2016disposed of

K.Balu, (M/49) v. All India Islamic Foundation,

2016-01-28Honourable Mr Justice T.Mathivanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.R.P(MD)No.153 of 2016 K.Balu .. Petitioner/3rd Respondent Vs.

1.All India Islamic Foundation, Chennai represented by its General Manager, No.68, Anna Salai, Chennai-6.

..1st RESPONDENT/APPELLANT 2.V.Alagan 3.Indian Overseas Bank, represented by its Branch Manager, Appanthiruppathy Branch, Madurai North Taluk, Madurai District.

..2nd & 3rd Respondents/1st & 2nd RESPONDENTS PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal District Judge, Madurai to expedite the trial in C.M.A.No.14 of 2014 and club along with C.M.A.NO.8 of 2014 within a stipulated time as fixed by this Court.

For Petitioner : Mr.RM.Arun Swaminathan ***

ORDER

Invoking the provisions of Article 227 of the Constitution of India, the petitioner has approached this Court with this Civil Revision Petition, seeking a direction to the learned Principal District Judge, Madurai to expedite the trial in C.M.A.No.14 of 2014 and club along with C.M.A.NO.8 of 2014 as expeditiously as possible preferably within a time, which may be fixed by this Court.

2. Heard Mr.RM.Arun Swaminathan, learned counsel appearing for the petitioner and perused the averments of the grounds of the Civil Revision Petition.

3. It appears that the revision petitioner herein has filed another Civil Miscellaneous Appeal in C.M.A.No.14 of 2014 and the first respondent has also filed another Civil Miscellaneous Appeal in C.M.A.No.8 of 2014 before the lower Appellate Court and both https://hcservices.ecourts.gov.in/hcservices/

the appeals have been unnecessarily and periodically adjourned without assigning any valid reason and therefore, the petitioner has approached this Court by way of this Civil Revision Petition.

4. Having been taken into consideration of the related facts and circumstances, this Court is of view that in the interest of Justice it may be expedient to issue a direction to the trial Court, as sought for by the petitioner. Accordingly, this Civil Revision Petition is allowed. The learned Principal District Judge, Madurai is directed to club C.M.A.No.14 of 2014 along with C.M.A.NO.8 of 2014 and expedite the trail and dispose the same within a period of a month from the date of receipt of a copy of this order, without loss of further time. However, there shall be no order as to costs.

Sd/- Assistant Registrar(Writ) /Treu copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

ssl To The Principal District Judge, Madurai.

+1 cc to MR.SO.PARAMASIVAM,Advocate Sr No.5096 rg.GSV-PM/AR-I 02.03.2016 2P/3C C.R.P(MD)No.153 of 2016 28.01.2016 https://hcservices.ecourts.gov.in/hcservices/