Madras High CourtCRP(MD)/1081/2021disposed of

Sanjith Dharman, v. S.Ramachandran,

2021-08-06Honourable Mr Justice K.Murali Shankar2 pages

C.R.P(MD).No. 1081 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.R.P(MD).No.1081 of 2021 1.Sajith Dharman 2.K.Sivaram 3.Baby Joseph : Petitioners / plaintiff Vs.

S. Ramachandran : Respondent / defendant PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned District Munsif Court, Kodaikanal, to dispose the O.S.No.21 of 2019 in a speedy manner within a time frame as fixed by this Court.

For petitioner : Mr. N. Kamesh

ORDER

This revision has been filed seeking a direction to dispose of suit in O.S.No.21 of 2019 on the file of the learned District Munsif Judge, Kodaikanal, within a specified time fixed by this Court.

2. Since the revision petition is filed for early disposal of the case, issuance of notice to the respondent is not necessary.

3. It is evident from the records that the revision petitioners, who are the plaintiffs have filed the suit in O.S.No.21 of 2019 on the file of the District Munsif Court, Kodaikanal, for declaration and permanent injunction.

4. The main contention of the revision petitioners is that the case was posted for cross examination on 29.11.2019, but the respondent / defendant has not come forward for doing the same and hence, the matter has been adjourned periodically for the past 1 1⁄2 years without any progress and that therefore, the above said case has to be expedited.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No. 1081 of 2021

5. The fact remains that the said suit was filed in the year 2019. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, Women and Children, more than five year old cases etc., It is pertinent to note that the revision petitioners without approaching the trial Court has directly approached this Court with the above petition for speedy disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioners are at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

7. With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To The District Munsif, Kodaikanal.

C.R.P(MD).No.1081 of 2021 06.08.2021 MGJ(17.08.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2