Madras High CourtCRP(MD)/2041/2016disposed of

Elraj v. Madasamy

2016-11-25Honourable Mr Justice D. Krishnakumar2 pages

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.2041 of 2016 Elraj ..Petitioner/Appellant/2nd Defendant vs.

1.Madasamy 2.Balakrishnan ..Respondents/Respondents/Plaintiffs Alagammal (Died) 3.Murugan 4.Perumal ..Respondents/Respondents/ Defendants 1,3 & 4 The Civil Revision Petition filed under Article 227 of the Constitution of India to issue a direction to the learned Subordinate Judge, Thoothukudi to hear the arguments on appeal and pass decree and judgment in A.S.No.147 of 2011 within a reasonable time.

For Petitioner ... Mr.N.Dilip Kumar

O R D E R

The Civil Revision Petition has been filed to dispose of the appeal in A.S.No.147 of 2011 as expeditiously as possible within the time as fixed by this Court.

2.Heard the learned counsel for the petitioner. 3.According to the petitioner, he filed the appeal suit in A.S.No.147 of 2011 against the judgment and decree dated 10.01.2005 passed in O.S.No.34 of 2002 on the file of the Subordinate Judge, Tuticorin. After notice, the above said appeal has been posted for arguments and the same was periodically adjourned on several occasions. Since the appeal suit in A.S.No.147 of 2011 is pending without any progress, the petitioner has come forward with the present civil revision petition to dispose of the appeal as early as possible.

4.Considering the submission made by the learned counsel for the petitioner, at the stage of admission itself, without expressing any opinion on the merits of the case, this Court directs the learned Subordinate Judge, Thoothukudi to dispose of the appeal suit in A.S.No.147 of 2011, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/

5.With the above said direction, the Civil Revision Petition is disposed of. There is no order as to costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To The Subordinate Judge, Thoothukudi.

+1cc to M/s.N.Dilpkumar, Advocate in SR.73547 C.R.P.(MD)No.2041 of 2016 Date: 25.11.2016 cla PBK/EM-MPA 05/01/2017 ::2P-3C:

https://hcservices.ecourts.gov.in/hcservices/