M. Emayavaramban v. K.S.M. Educational Trust,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2023
CORAM
THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI M.Emayavaramban
...Petitioner/3rd Defendant
Vs.
1.K.S.M.Educational Trust, Represented by its Chairman and Managing Turstee Tmt.S.Nirmala W/o.M.Subramanian No.B-20, F1, Classic Towers, Thillai Nagar, Tiruchirappalli-18.
2.Oxford Engineering College, Represented by its Principal Office at Piratiyur West, Srirangam Taluk, Tiruchirappalli-09.
...1st and 2nd Respondents/ Plaintiffs 3.M.Subramanian 4.C.Kaliyaperumal 5.N.Neelakandan ... 3 to 5 Respondents Defendants 1 to 4 Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif cum Judicial Magistrate Court, Srirangam to dispose of the appeal in O.S.No.489 of 2019 which is pending on its file within the stipulated time in accordance with law. 1/4
For Petitioners :Mr.S.Balasubramanian
ORDER
The Civil Revision Petition is filed to direct the learned District Munsif cum Judicial Magistrate Court, Srirangam, to dispose of the appeal in O.S.No.489 of 2019 which is pending on its file within the stipulated time in accordance with law.
2.The first and second respondents as plaintiffs have filed a suit in O.S.No.579 of 2016 before the District Munsif Court, Tiruchirappalli, for declaration that the alleged sale deed, dated 14.11.2014, said to have been executed by the second defendant in favour of the fourth defendant is null and void and for consequential relief of permanent injunction restraining the 2nd and 4th defendants from interfering with the peaceful possession and enjoyment of the suit property of the second plaintiff College being run by the first plaintiff's Trust.
3.According to the revision petitioner, he was included as a third defendant. Originally the suit was filed before the District Munsif Court, Triuchirappalli in O.S.No.579 of 2016 and thereafter, it was transferred to the District Munsif cum Judicial Magistrate Court, Srirangam and it was renumbered as O.S.No.489 of 2019. Though the suit was filed in the year 2/4
2016 and the revision petitioner has filed written statement, on each and every hearings, the trial Court is adjourning the proceedings without any valid reason, which is causing great hardship to the revision petitioner. Therefore, the revision petitioner seeks for a direction to direct the learned District Munsif-cum-Judicial Magistrate, Srirangam, to dispose the above suit within the stipulated time fixed by this Court. 4.Considering the fact that the suit is of the year 2016 and it is pending for more than 7 years, this Court directs the learned District Munsif-cum-Judicial Magistrate, Srirangam, to dispose the suit in O.S.No. 489 of 2019 in accordance with law, without any further delay, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.
5.With the above direction, this Civil Revision Petition is disposed of. No costs.
14.07.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns 3/4
K.GOVINDARAJAN THILAKAVADI, J.
Ns To The District Munsif cum Judicial Magistrate Court, Srirangam 14.07.2023 4/4