Madras High CourtCRP(MD)/5/2016allowed

R.Mydeen, v. Sethupandian

2016-01-06Honourable Mr Justice T.Mathivanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.R.P(MD)No.5 of 2016 1.R.Mydeen 2.R.Mohamed Lebbai .. Petitioners Vs.

1.Sethupandian 2.Ramesh 3.Manikandan 4.R.Ponniah 5.Saravana Perumal 6.Pappa 7.Velammal 8.Abdul Rahuman 9.D.Murugan .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned I-Additional District Munsif, Tirunelveli to dispose the suit in O.S.No.346 of 2013 within the time which may be fixed by this Court.

For Petitioners : Mr.V.Srinivasan

ORDER

Invoking the provisions of Article 227 of the Constitution of India, the petitioners have approached this Court with this Civil Revision Petition, seeking a direction to the learned I-Additional District Munsif, Tirunelveli to expedite the trial of the suit in O.S.No.346 of 2013 within a time frame, which may be fixed by this Court.

2. As it is manifested from the averments of the grounds of revision, the petitioners have filed a suit in O.S.No.346 of 2013 as against the respondents, seeking the relief of permanent injunction. That suit is contested by the respondents and after formation of necessary issues, the suit was listed for trial originally on 03.12.2013 and thereafter the https://hcservices.ecourts.gov.in/hcservices/ suit had been adjourned for several hearings. Ultimately, on 27.10.2014, PW1 was examined in chief and during the course of his examination Ex-A1

to A9 were marked. For cross-examination, as it appears from the entry of B-Diary, the suit stood posted on 29.10.2014. Subsequently, after the completion of the cross-examination, the process of recording evidences on the part of the defendants was also commenced and five witnesses were examined on behalf of the defendants. When the suit stands posted for advancing the arguments on behalf of both sides, the learned trial Judge has adjourned the matter unnecessarily without assigning any valid reason.

3. This Court has heard Mr.V.Srinivasan, learned counsel appearing for the petitioners and perused the averments of the grounds of Civil Revision Petition.

4. Having been taken into consideration of the related facts and circumstances, this Court is of view that in the interest of Justice, it may be expedient to issue a direction to the trial Judge to dispose the suit within a time, which may be fixed by this Court, as sought for by the petitioners.

5. Accordingly, this Civil Revision Petition is allowed. The learned I-Additional District Munsif, Tirunelveli, is hereby directed to dispose of the suit in O.S.No.346 of 2013, within a period of four weeks from the date of receipt of a copy of this order, without loss of further time. However, there shall be no order as to costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To The I-Additional District Munsif, Tirunelveli.

+1CC to Mr.M.Mohamed Sherbudeen,Advocate, SR.No. 776 C.R.P(MD)No.5 of 2016 06.01.2016 https://hcservices.ecourts.gov.in/hcservices/ AM/07.01.2016/GSV.AN/SAR-AE/2P/3C