Chellamuthuraja v. Thangavel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.1974 of 2023 Chellamuthuraja ... Revision Petitioner/ 2nd Defendant Vs.

1.Thangavel ... 1st Respondent/Plaintiff 2.M.Suruli 3.M.Marimuthuraja 4.M.Thangamuthuraja 5.M.Rajasekar 6.M.V.M.Pandian 7.N.Aarthi Kumar 8.The Tahsildar, Nilakkottai Taluk, Nilakkottai.

9.The Sub-Registrar, Department of Registration, Batlagundu.

...Respondents/1,3-9 defendants

Civil Revision Petition is filed under Article 227 of the Civil Procedure Code, to direct the learned District Munsif Court, Nilakkottai, Dindigul District, to expedite the trial in suit in O.S.No.114 of 2017 and pronounced the verdict within the stipulated time as fixed by this Court. For Petitioner :Mr.T.Indrachithu

ORDER

The Civil Revision Petition is filed for a direction to direct the learned District Munsif Court, Nilakkottai, Dindigul District, to expedite the trial of the suit in O.S.No.114 of 2017 within the stipulated time as fixed by this Court.

2.According to the revision petitioner, the first respondent filed a suit in O.S.No.114 of 2017 before the District Munsif Court, Nilakottai, for cancellation of sale deed, vide Document No.3984/2016. In the said suit, written statement was filed by the respondents. For final argument the case has been adjourned periodically, without any progress. Hence the present civil revision petition is filed.

3.Heard the learned counsel appearing for the petitioner and perused the materials available.

4.The learned counsel appearing for the petitioner submitted that the respondents have not taken any steps to complete the final argument and the suit is pending for more than 7 years and the only intention of the respondent is to drag on the proceedings. Hence, he seeks for early disposal.

5.Considering the facts and circumstances of the case, this Court directs the learned District Munsif Judge, Nilakkottai, Dindigul District, to dispose the suit in O.S.No.114 of 2017 on merits and in accordance with law, without giving unnecessary adjournments, after affording an opportunity to the respective parties to put-forth their contention, as expeditiously as possible, within a period of six months from the date of receipt of a copy of this order.

6.With the above direction, this Civil Revision petition is disposed of. No costs.

10.08.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The District Munsif Judge, Nilakkottai, Dindigul District.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

K.GOVINDARAJAN THILAKAVADI, J.

Ns C.R.P(MD)No.1974 of 2023 10.08.2023