Madras High CourtCRP(MD)/1490/2018disposed of

Kalakarmegam v. Jayapal @ Balu

2018-07-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.1490 of 2018 Kalakarmegam, W/o.Karmegam ... Petitioner Vs.

Jayapal @ Balu, S/o.Samuvel ... Respondent Prayer:- This Civil Revision Petition is filed under Article 227 of the Constitution of India, to expedite the trial of the suit in O.S.No.127 of 2012 on the file of the District Munsif Court-cum-Judicial Magistrate, Kodaikanal, within a stipulated time to be fixed by this Court.

For Petitioner :

Mr.J.Gunaseelanmuthiah

ORDER

The revision petitioner has filed the present Civil Revision Petition invoking Article 227 of the Constitution of India, seeking a direction to the learned District Munsif-cumJudicial Magistrate, Kodaikanal, to dispose of the suit in O.S.No.127 of 2012, within a time frame to be fixed by this Court. 2.Heard the learned counsel appearing for the revision petitioner. Since the case is for a limited relief of speedy disposal, no notice need be sent to the respondent. 3.The respondent herein has filed a suit in O.S.No.127 of 2012 against the revision petitioner/defendant before the District Munsif Court-cum-Judicial Magistrate Court, Kodaikanal, for declaration and permanent injunction. During the pendency of the said suit, the respondent/plaintiff has filed an application in I.A.No.184 of 2012 seeking temporary injunction.

In the said suit, the revision petitioner/defendant has filed written statement on 14.09.2012. Thereafter, the suit was pending without any progress. Hence, the revision petitioner has filed the present Civil Revision Petition seeking a direction to the learned District Munsif-cum-Judicial Magistrate, Kodaikanal, to dispose of O.S.No.127 of 2012, within a time frame to be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 4.

revision petitioner, without going into the merits and demerits of the allegation raised by them, this Civil Revision Petition is disposed of with the following direction:- The learned District Munsif-cum-Judicial Magistrate, Kodaikanal, is directed to dispose of O.S.No.127 of 2012, pending on his file, on merits and in accordance with law, as early as possible, preferably within a period of three months from the date of receipt of a copy of this order, on day-to-day basis, without giving any adjournment to both the parties.

No order as to costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To The District Munsif-cum-Judicial Magistrate, Kodaikanal.

+ 1 cc TO Mr.J.Gunaseelan Muthiah , Advocate in SR No. 73473 smn2 AE/PN/SAR3/27.07.2018/2P/3C C.R.P.(MD)No.1490 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/