Singaram v. Sevugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.370 of 2016 Singaram ..Petitioner/Petitioner/Defendant.

Vs.

Sevugan ..Respondent/Respondent/Plaintiff.

PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the Learned Principal District Court, Sivagangai to dispose the Interim Application filed by the petitioner in I.A.No.288 of 2015 in O.S.No.39 of 2015 pending on the file of the Learned Principal District Court, Sivagangai within a time frame that may be fixed by this Hon'ble Court.

For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.J.Anandkumar

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal District Court, Sivagangai, to dispose of I.A.No.288 of 2015 in O.S.No.39 of 2015 pending on the file of the Learned Principal District Court, Sivagangai, within a stipulated period of time.

2.The petitioner is the defendant in O.S.No.39 of 2015, on the file of the Principal District Court, Sivagangai and he has filed I.A.No.288 of 2015 for rejection of the plaint under Order 7, Rule 11(d) and Section 151 of Civil Procedure Code. The respondent filed counter and opposing the same. The learned Judge adjourned the matter to 01.03.2016. The petitioner is poor agriculturist. Unless the application is heard and decided on merits, he will put to irreparable loss and hardship. Therefore, he has come out with the present petition for early disposal of the I.A.No.288 of 2015 in O.S.No.39 of 2015, on the file of the Principal District Court, Sivagangai.

3.Heard both sides.

4.The learned counsel appearing for the respondent has no objection for giving such direction to the trial Court. 5.Having regard to the submissions made by the learned counsel on either side, considering the limited prayer sought for in the Civil Revision Petition and since the I.A.No.288 of 2015 is pending from https://hcservices.ecourts.gov.in/hcservices/

16.09.2015, without expressing any opinion with regard to the merits of the matter, I direct the learned Principal District Judge, Sivagangai, to dispose of I.A.No.288 of 2015 in O.S.No.39 of 2015, on merits and in accordance with law, as expeditiously as possible, within a period of two weeks from the date of receipt of a copy of this order. No costs. Sd/ Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

To The Principal District Court, Sivagangai.

+1CC to M/S.R.Karunanidhi, Advocate, SR.No. 15624 +1CC to M/S.J.Anand Kumar, Advocate, SR.No.15544 C.R.P(MD)No.370 of 2016 18.03.2016 AM/AAL.MPA/AR-I/29.03.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/