C.Palanivel v. Manimegalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.Palanivel : Petitioner/1st Plaintiff Vs.

1.Manimegalai : 1st Respondent/Defendant 2.Marimuthu : 2nd Respondent/2nd Plaintiff Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif cum Judicial Magistrate, Srirangam to dispose of the New O.S.No.1144 of 2019 and Old O.S.No,1090 of 2012 within a time stipulated by this Court. For Petitioner : Mr.S.M.Mohan Gandhi

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.1144 of 2019 on the file of the learned 1/4

District Munsif cum Judicial Magistrate, Srirangam, within a stipulated time fixed by this Court.

2. Since the civil revision petition is filed for early disposal of the suit, the issuance of notice to the respondents is not necessary.

3. The learned counsel for the petitioner would submit that the petitioner/1st plaintiff and the second respondent/2nd plaintiff have filed the suit in O.S.No.1090 of 2012, seeking declaration of title with respect to the suit property and also injunction restraining the defendant and his men from interfering with the plaintiffs' peaceful possession and enjoyment of the property. He would further submit that the Commissioner was appointed and filed his report with rough sketch on 02.03.2017. Thereafter, the suit was transferred to the file of the learned Judicial Magistrate, Srirangam. The learned Judicial Magistrate, Srirangam, has taken the suit on file and renumbered as O.S.No.1144 of 2019 and thereafter, there is no progress. Hence, the above said case has to be expedited.

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4. Heard the learned counsel appearing for the revision petitioner and also perused the records.

5. Considering the above, the Civil Revision Petition is allowed. The trial Court is directed to dispose of the suit in O.S.No.1144 of 2019 within a period of (08) eight months from the date of receipt of copy of this order. No costs.

03.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The District Munsif cum Judicial Magistrate, Srirangam.

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

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S.SRIMATHY ,J.

das Order made in Dated : 03.11.2023 4/4