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Madras High CourtCRP(MD)/2529/2018disposed of

Sivananinthaperumal, v. P.Sithambara Nadar,

2018-11-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2529 of 2018 1.Sivananinthaperumal 2.Sivalingam 3.Narayanan ... Petitioners/Defendants 1 to 3 Vs.

1.P.Sithambara Nadar ... 1st Respondent/Plaintiff 2.Thangasamy ... 2nd Respondent/4th Defendant PRAYER: Petition filed under Article 227 of the Constitution of India, seeking a direction the learned District Munsif, Valliyoor, Tirunelveli District, to expedite the case in O.S.No.189 of 2015, within a stipulated time limit.

For Petitioners : Mr.L.Jamespaul

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Valliyoor, Tirunelveli District, to dispose of the suit in O.S.No.189 of 2015, within a stipulated time limit.

2. Learned Counsel for the petitioners would submit that O.S.No.189 of 2015 was filed by the first respondent herein, who is none other than the petitioners' step-mother's son, for the relief of permanent injunction. According to the petitioners, the suit schedule property originally belonged to their father, who had donated the same to Utchipuli Mayavar Temple, Meenakshi Nathapuram, now called as Sembikulam. The grievance of the petitioners is that some of the temple's property, which were earlier donated by their father, was transferred to someone else and in the meantime, the present suit came to be filed by the first respondent. Though the suit was instituted as early as in the year 2015, the same is still pending and as the temple festival is fast approaching, the petitioners are before this Court with the aforesaid prayer.

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3. Heard the learned Counsel for the petitioners and perused the materials available on record. Notice to the respondents is dispensed with, since the prayer itself is for a limited scope seeking early disposal of the suit proceedings.

4. Considering the facts and circumstances of the case and also the limited scope of the prayer sought for, this Court, without going into the merits of the case, directs the learned District Munsif, Valliyoor, Tirunelveli, to dispose of O.S.No.189 of 2015, within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, the Civil Revision Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To The District Munsif, Valliyoor, Tirunelveli District.

+ 1 CC TO Mr.RM.ARUN SWAMINATHAN, ADVOCATE IN SR No. 95935 GK TE/BK/SAR-4 : 03/12/2018 : 2P/3C C.R.P.(PD)(MD)No.2529 of 2018 19.11.2018 https://hcservices.ecourts.gov.in/hcservices/