Madras High CourtCRP(MD)/2029/2016disposed of

Pitchaimuthu Pillai Anjalai v. Kirubakaran

2016-10-05Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P. NPD (MD) No.2029 to 2033 of 2016 Pitchaimuthu Pillai Anjalai Ammal Trust represented by its Managing Trustee M.V.N.Dhanapal : Petitioner in all CRPs -VsKIRUBAKARAN : Respondent in CRP(MD).2029/2016 SUNDARAAMBAL : Respondent in CRP(MD).2030/2016 BACKIAM : Respondent in CRP(MD).2031/2016 MAHALAKSHMI : Respondent in CRP(MD).2032/2016 KASTHURI : Respondent in CRP(MD).2033/2016 Prayer in CRP(MD). 2029/ 2016 : Civil Revision Petition filed under Article 227 of Constitution of India to issue suitable direction for speedy disposal of E.A.No.43/2014 in E.P.No.720/2004 in RCOP.No.254/2000 on the file of 1st Additional District Munsif, Tiruchirappalli, within the time frame stipulated by this Honourable Court.

Prayer in CRP(MD). 2030/ 2016 : Civil Revision Petition filed under Article 227 of Constitution of India to issue suitable direction for speedy disposal of E.A.No.44/2014 in E.P.No.404/2007 in RCOP.No.258/2000 on the file of 1st Additional District Munsif, Tiruchirappalli, within the time frame stipulated by this Honourable Court.

Prayer in CRP(MD). 2031/ 2016 : Civil Revision Petition filed under Article 227 of Constitution of India to issue suitable direction for speedy disposal of E.A.No.45/2014 in E.P.No.405/2007 in RCOP.No.262/2000 on the file of 1st Additional District Munsif, Tiruchirappalli, within the time frame stipulated by this Honourable Court.

Prayer in CRP(MD). 2032/ 2016 : Civil Revision Petition filed under Article 227 of Constitution of India to issue suitable direction for speedy disposal of E.A.No.46/2014 in E.P.No.406/2007 in RCOP.No.286/2000 on the file of 1st Additional District Munsif, Tiruchirappalli, within the time frame stipulated by this Honourable Court.

Prayer in CRP(MD). 2033/ 2016 : Civil Revision Petition filed under Article 227 of Constitution of India to issue suitable direction for speedy disposal of E.A.No.47/2014 in E.P.No.404/2007 in RCOP.No.258/2000 on the file of 1st Additional District Munsif, Tiruchirappalli, within the time frame stipulated by this Honourable Court.

For Petitioner : Mr.M.Ashok Kumar COMMON ORDER The revision petitioner in all petitions has filed the present revisions before this Court, praying to issue suitable direction for speedy disposal of E.A.Nos.43 to 47 of 2014 in E.P.Nos.720 of 2004 and 404 to 407 of 2007 in R.C.O.P.No.254, 258, 262, 286 and 302 of 2000 respectively on the file of I Additional District Munsif, Tiruchirappalli, within the time frame stipulated by this Court.

2.According to the petitioner, the petitioner in all the revisions has filed the respective R.C.O.Ps against the erstwhile tenants for eviction. Later, he filed the respective E.Ps to delivery of possession. At this stage, the respondent filed the respective E.As under Order 21 Rule 97 and Section 151 of C.P.C. During the pendency of the said E.As., the respondent filed E.A.Nos.149,150, 151, 148, and 152 of 2015, to permit the respondent herein to let in oral and documentary evidence to prove his case. According to the petitioner, the said application were filed with an ulterior motive to drag on the proceedings. The Execution Court passed an order dated 16.07.2015, permitting the respondent herein to let in evidence by directing him to co-operate with the Court for disposing the main petition within a month.

However, the respondent has not co-operated with the disposal of the above said E.Ps. and the matters have been adjourned from time time. Therefore, the petitioner has filed the present application for the early disposal of E.A.Nos.43 to 47 of 2014 in E.P.Nos.720 of 2004 and 404 to 407 of 2007 in R.C.O.P.No.254, 258, 262, 286 and 302 of 2000 respectively on the file of I Additional District Munsif, Tiruchirappalli.

3.In view of the submissions made by the learned counsel for the petitioner in the affidavits and also considering the order passed by the Execution Court dated 16.07.2015, permitting the respondent to let in evidence by directing him to co-operate with the Court for disposing the main petition within a month and the said order has not been complied with the by the respondent herein, I am inclined to direct the learned I Additional District Munsif, Tiruchirappalli, to dispose of

E.A.Nos.43 to 47 of 2014 in E.P.Nos.720 of 2004 and 404 to 407 of 2007 in R.C.O.P.No.254, 258, 262, 286 and 302 of 2000 respectively on the file of I Additional District Munsif, Tiruchirappalli, within a period of two months from the date of receipt of copy of this order on merits and in accordance with law, if no other legal impediments.

4.The civil revision petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar((Writs) /True Copy/ Sub Assistant Registrar To The I Additional District Munsif, Tiruchirappalli. +1 cc to Mr.M.Ashok Kumar, Advocate in SR No.59974 Order made in C.R.P. NPD (MD) No.2029 to 2033 of 2016 Arul anr/ss2/24.10.2016/3p/3c