V. Poosari v. P. Kodangi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(PD)(MD)No.2187 of 2023 1.V.Poosari 2.P.Soundharavalli 3.K.Kathiresan : Petitioners/Defendants 1, 2 & 4 Vs.

1.P.Kodangi 2.P.Kaththaan 3.P.Kalidass : Respondents/Plaintiffs 4.T.Bathrakali : 4th Respondent/3rd Defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned V Additional District and Sessions Judge, Madurai to dispose of the suit in O.S.No.147 of 2020, within a time frame that may be fixed by this Court. 1/5

For Petitioners : Mr.J.Selvin Rajesh for M/s.Dictum Law Firm

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.147 of 2020, pending on the file of the learned V Additional District and Sessions Judge, Madurai, within a specified time fixed by this Court.

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

3. Heard the learned counsel appearing for the revision petitioners and also perused the records.

3. The respondents 1 to 3/plaintiffs have filed the suit in O.S.No.147 of 2020 for permanent injunction restraining the defendants, his men and agent from interfering with the peaceful possession and enjoyment of the property.

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4. The learned counsel appearing for the revision petitioners would submit that though the suit has been filed as early as September 2020, till date there is no finality arrived, that the revision petitioners are senior citizens and that therefore, the trial has to be expedited.

5. The fact remains that the suit was filed in the year 2020. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner without approaching the trial Court, has directly come forward with the present Revision Petition before this Court, seeking early 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 a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

6. As rightly pointed out by the learned counsel appearing for the revision petitioners, the revision petitioners are senior citizens. In view of 3/5

the above, the revision petitioners are at liberty to approach the trial Court and if such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court and on the ground of senior citizenship.

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

13.10.2023 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The V Additional District and Sessions Judge, Madurai.

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

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K.MURALI SHANKAR ,J.

das Order made in C.R.P.(PD)(MD)No.2187 of 2023 Dated : 13.10.2023 5/5