Arumugam Pillai v. Senthil Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.1634 of 2023 Arumugam Pillai ... Petitioner / Plaintiff Vs.

1.Senthil Kumar 2.Ponnazhagu 3.Akbar Ali 4.Abdulluh 5.Alamelu 6.V.M.Loganathan 7.The Sub-Registrar, Thirupathur, Sivagangai District.

... Respondents/Defendants Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Fast Track Mahila Judge, Sivagangai, to dispose of O.S.No.27 of 2019 on the file of the Fast Track Mahila Court at Sivagangai within a time frame manner.

For Petitioner :Mr.M.I.Javid Akbar

ORDER

The Civil Revision Petition is preferred by the petitioner/plaintiff to direct the Fast Track Mahila Court, Sivagangai, to dispose the suit in O.S.No.27 of 2019 within the time frame fixed by this Court.

2.According to the petitioner/plaintiff, he has filed a suit in O.S.No.27 of 2019 for the relief of declaration declaring the plaintiff is entitled to the suit property and consequential direction directing the defendants 1 to 5 to quit and deliver vacant possession of the suit schedule property to the plaintiff and to declare the sale deed executed by the sixth defendant in favour of the 1st defendant, dated 17.12.2018, vide document No.3424 of 2018 pending before Office of the Sub-Registrar, Thirupathur, is null and void and also sought for permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property in any manner.

3.The said suit was filed on 26.03.2019 before the Principal District Court, Sivagangai and thereafter, it was transferred suo motu to the file of the Fast Track Mahila Court, Sivagangai, on 14.09.2021. 4.According to the petitioner, in the suit, the first respondent/first defendant, who is alone the contesting party, while the other defendants had been remained ex-parte. It is further stated that till date issues were not framed and the trial has not commenced and for a period of more than three years, the suit is kept pending without any progress.

5.During the pendency of the suit, the petitioner has filed an interlocutory application in I.A.No.10 of 2021 to receive additional documents and the same is still pending for pronouncement of orders from 01.04.2022. It is further submitted that the petitioner is a resident of Singapore and since the suit is dragged for more than three years, the petitioner will be put great hardship. Hence, the petitioner sought for a direction to direct the Fast Track Mahila Court, Sivagangai, to dispose the suit as expeditious manner.

6.Considering the facts and circumstances of the case, this Court directs the learned Fast Track Mahila Court Judge, Sivagangai to dispose the suit in O.S.No.27 of 2019 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. 7.With the above direction, this Civil Revision Petition is disposed of. No costs.

11.07.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns

K.GOVINDARAJAN THILAKAVADI, J.

Ns To 1.The Fast Track Mahila Judge, Sivagangai.

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

C.R.P(MD)No.1634 of 2023 11.07.2023