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Madras High CourtCRP(MD)/1712/2018disposed of

Hazarath Nabi Sallalaho v. Palaniammal,

2018-08-03Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.1712 of 2018

1. Hazarath Nabi Sallalaho, Allahu Alaihi Vasallam Trust,

2. B.Abdul Kadar, Managing Trustee, Female Line Trustee.

... Petitioners/Plaintiff No. 1 and 2 Vs.

1. Amsavalli

2. The Tamil Nadu Wakf Board, Chief Executive Officer, Serang Street, Vallal Seethakathi Nagar, Chennai - 1.

3. Wakf Inspector, Tamil Nadu Wakf Board, No.12, Tiruchirappalli Division, Kiledhar Street, Town Hall, Tiruchirappalli.

... 1 to 3 Respondents/ Defendants 1 to 3 4.M.Abdul Khadar, Male Line Trustee, ... 4th Respondent/Plaintiff No.2 Prayer:- This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned II Additional District Munsif, Tiruchirappalli, to dispose of O.S.No.1590 of 2011 expeditiously, within a time frame to be fixed by this Court.

For Petitioners :

Mr.M.Karunanithi

ORDER

The revision petitioners have filed the present Civil Revision Petition invoking Article 227 of the Constitution of India, seeking a direction to the learned II Additional District Munsif, Tiruchirappalli, to dispose of O.S.No.1590 of 2011, within a time frame to be fixed by this Court.

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2.Heard the learned counsel appearing for the revision petitioners. Since the case is for a limited relief of speedy disposal, no notice need be sent to the respondents. 3.The revision petitioners have filed O.S.No.1590 of 2011 before the II Additional District Munsif Court, Tiruchirappalli, for recovery of possession, recovery of arrears of rent, recovery of damages and also to pay future damages. The said suit is pending before the Court below for the past 7 years and repeatedly adjourned without any reasons. Hence, the revision petitioners have filed the present Civil Revision Petition seeking a direction to the learned II Additional District Munsif, Tiruchirappalli, to dispose of O.S.No.1590 of 2011, within a time frame to be fixed by this Court.

4.Considering the limited relief sought for by the revision petitioners, without going into the merits and demerits of the allegation raised by them, this Civil Revision Petition is disposed of with the following direction:- The learned II Additional District Munsif, Tiruchirappalli, is directed to dispose of O.S.No.1590 of 2011, pending on his file, on merits and in accordance with law, as early as possible, preferably within a period of two months from the date of receipt of a copy of this order, on day-to-day basis, without giving any adjournment to both the parties. After passing orders, the learned II Additional District Munsif, Tiruchirappalli, shall report the same to this Court within a period of ten days.

No order as to costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I)To The II Additional District Munsif, Tiruchirappalli.

+1cc to Mr.M.Karunanithi, Advocate Sr.No.77374 SMN2 VB/KAK/SAR1/04.09.2018/2P/3C C.R.P.(MD)No.1712 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 03.08.2018