Madras High CourtCRP(MD)/1640/2016disposed of

G.Venkatesan v. K.S.Ravichandran

2016-08-22Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD)No.1640 of 2016

1. G.Venkatesan

2. V.Subashani .. Petitioners/Defendants Vs.

K.S.Ravichandran .. Respondent/Plaintiff Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Subordinate Court, Srivilliputhur to dispose O.S.No.1 of 2012 within the time limit fixed by this Court and to allow the Civil Revision Petition. For Petitioner : Mr.N.Kamesh ***

ORDER

This Revision is filed seeking for a direction to the Subordinate Court, Srivilliputhur to dispose of the O.S.No.1 of 2012, within a time frame.

2. Heard the learned counsel appearing for the petitioner and perused the records.

3. The petitioners are defendants in the suit in O.S.No.1 of 2012. The suit was filed by the respondent for declaration and for consequential permanent injunction. The suit is being contested by the petitioners by filing their written statements dated 08.03.2012.

4. The grievance of the petitioners is that though they are to ready to get along with the case, the respondent/plaintiff is unnecessarily dragging on the proceedings.

5. Mr.K.Ramesh, learned counsel for the petitioner would submit that an application in I.A.No.109 of 2015 was filed to reject the plaint and the same was dismissed. Subsequently, the respondent filed a petition for opinion of an expert in the year 2014 with an ulterior motive and the delay in disposal of the case causes prejudice to the interest of the petitioners.

6. Considering the said submission of the learned counsel for the petitioners and without going into the merits of the case, the Subordinate Court, Srivilliputhur is directed to dispose of the I.A.No.273 of 2014 and the suit in O.S.No.1 of 2012 as expeditiously as possible.

7. Accordingly, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar pmu To The Subordinate Judge, Srivilliputhur.

+1CC to Mr.N.Kamesh, Advocate Sr.No.46330 GJM/SS2/20.9.16-2p-3c C.R.P.(MD)No.1640 of 2016 22.08.2016