Tiruchirappalli Town Hazarath v. Shakunthala

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.12.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.2530 of 2016 Tiruchirappalli Town Hazarath Khader, Aulia Wakf, Tiruchirappalli, Rep. By its Muthawalli, Janaba Mehtaj .. Petitioner/Respondent/Plaintiff -vs1.Shakunthala .. 1st Respondent/Appellant/Defendant 2.Tamil Nadu Wakf Board, Rep. By its Chief Executive Officer, No.1, Jaffar Sirang Street, Vallal Seethakadhi Nagar, Chennai - 1.

.. 2nd Respondent/Respondent/Defendant PRAYER:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Court, Tiruchirappalli to dispose expeditiously in A.S.No.31 of 2016 against O.S.No.967 of 2013 on the file of the II Additional District Munsif, Tiruchirappalli, within a period as fixed by this court. For Petitioner : Mr.M.Karunanithi

ORDER

The revision petitioner has filed the above Civil Revision Petition seeking a direction to the trial Court to dispose of the appeal suit in A.S.No.31 of 2016 on the file of the Sub Court, Tiruchirappalli, within a stipulated time.

2.The petitioner is the first respondent in A.S.No.31 of 2016 on the file of the Sub Court, Tiruchirappalli and plaintiff in O.S.No.967 of 2013 on the file of the II-Additional District Munsif, Tiruchirappalli.

3.The revision petitioner/plaintiff has filed a suit in O.S.No.967 of 2013 on the file of the II-Additional District Munsif, Tiruchirappalli, for delivery of possession, arrears of rent, damages and permanent injunction. The said suit was decreed in favour of the revision petitioner/plaintiff. Against the Judgment and Decree passed by the trial Court, the first respondent/1st defendant has preferred an appeal suit in A.S.No.31 of 2016 on the file of the Sub Court, Tiruchirappalli. https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel for the revision petitioner submitted that the suit property belongs to the Wakf Board and the said appeal suit is pending without any progress and the same is posted to 15.12.2016 for awaiting records. Therefore, the revision petitioner has come out with the present Civil Revision Petition for the relief stated above.

5.Heard the learned counsel appearing for the revision petitioner and perused the materials available on record. 6.Having regard to the submission made by the learned counsel appearing for the revision petitioner and also taking into consideration the limited prayer sought for in this Civil Revision Petition, this Court directs the learned Sub Judge, Tiruchirappalli, to dispose of the appeal suit in A.S.No.31 of 2016 on merits and in accordance with law, on or before 31.08.2017.

7.With this observation, the Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Sub Judge, Tiruchirappalli.

2.The II-Additional District Munsif, Tiruchirappalli.

+1cc to Mr.M.Karunanithi,Advocate Sr.No.80666 C.R.P(MD)No.2530 of 2016 14.12.2016 ps rum/ss2/06.01.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/