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Madras High CourtCRP(MD)/1646/2018disposed of

S.Mohan v. A.1321 Karaikudi Cooperative

2018-08-02Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.1646 of 2018 S.Mohan ... Petitioner/2nd Respondent/ Plaintiff Vs.

1.A.1321 Karaikudi Cooperative House Building Society Ltd., Karaikudi, Rep. by its Secretary.

... 1st Respondent/1st Respondent / Defendant 2.D.Victor Sebastian Baskaran, Rep. by his Power Agent, S.P.Vellaichamy ...2nd Respondent/Petitioner/ Proposed 2nd Defendant Prayer:- This Civil Revision Petition is filed under Article 227 of the Constitution of India, for speedy disposal of I.A.No.210 of 2016 in O.S.No.185 of 2015 on the file of the District Munsif Court, Karaikudi.

For Petitioner :

Mr.P.Arun Jayatram

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, Karaikudi, to dispose of I.A.No.210 of 2016 in O.S.No.185 of 2015, 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 respondents. 3.The revision petitioner herein has filed O.S.No.185 of 2015 against the first respondent before the District Munsif Court, Karaikudi, for the relief of permanent injunction. Pending suit, the second respondent herein has filed an application in I.A.No.210 of 2016 in O.S.No.185 of 2015 under Order 1 Rule 10(2) C.P.C., to implead him as second defendant in the suit. Though the said I.A. was filed in the year 2016 and the revision petitioner herein has https://hcservices.ecourts.gov.in/hcservices/

also filed counter resisting the claim, the I.A. was periodically adjourned without any reasons. Hence, the revision petitioner has filed the present Civil Revision Petition seeking a direction to the learned District Munsif, Karaikudi, to dispose of I.A.No.210 of 2016 in O.S.No.185 of 2015, within a time frame to be fixed by this Court.

4.Considering the limited relief sought for by the revision petitioner, without going into the merits and demerits of the allegation raised by him, this Civil Revision Petition is disposed of with the following direction:- The learned District Munsif, Karaikudi, is directed to dispose of I.A.No.210 of 2016 in O.S.No.185 of 2015, pending on his file, on merits and in accordance with law, as early as possible, preferably within a period of one month from the date of receipt of a copy of this order, on day-today basis, without giving any adjournment to both the parties.

No order as to costs.

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar(CS-III) To The District Munsif, Karaikudi.

C.R.P.(MD)No.1646 of 2018 02.08.2018 SMN2 KK/RP/SAR-3/07.09.2018/2P-2C https://hcservices.ecourts.gov.in/hcservices/