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Madras High CourtCRP(MD)/1525/2021disposed of

Shri Amsapriya Stores, v. T.Gurusamy Nadar And Sons Maligai,

2025-06-12Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.8406 of 2021 M/s.Shri Amsapriya Stores, A Proprietorship concern, Through its Proprietor, S.Sudhakar

...Petitioner

Vs.

1.T.Gurusamy Nadar and Sons Maligai, A Partnership Firm, Represented by its Managing Partner, Mr.G.Vijayakumar Babu 2.G.Vijayakumar Babu

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order dated 19.03.2021 made in I.A.No.1 of 2019 in O.S.No.87 of 2019 on the file of the learned Principal District and Sessions Judge, Theni.

For Petitioner : Mr.S.Siva Thilakar For Respondents : Unserved * * * * * 1/4

ORDER

This petition has been filed seeking to set aside the order dated 19.03.2021 made in I.A.No.1 of 2019 in O.S.No.87 of 2019, on the file of the learned Principal District and Sessions Judge, Theni.

2. The petitioner herein filed a suit in O.S.No.87 of 2019 before the learned District Judge, Theni, seeking orders to direct the respondents to pay a sum of Rs.41,89,680/- and to pay interest for Rs.40,48,000 at the rate of 18% per annum from the date of plaint to till the date of realization. Pending suit, the petitioner filed a petition in I.A.No.1 of 2019 before the learned Principal District and Sessions Judge, Theni, seeking orders to direct the respondents to furnish security for the suit claim of Rs.41,89,680/- failing which an order of attachment of the properties described in the schedule of the property. The said petition was dismissed on 19.03.2021 by the learned Judge. Against which, the petitioner herein filed this present Civil Revision Petition.

3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the trial Court to dispose of the suit in O.S.No.87 of 2019 within a reasonable time frame to be fixed by this Court.

4. In such view of the matter, this Court is of the considered opinion that without going into the merits of the case, it would be suffice to issue a direction 2/4

to the learned Principal District and Sessions Judge, Theni to dispose of the suit in O.S.No.87 of 2019, after affording an opportunity to the respondents within a period of six months from the date of receipt of a copy of this order.

5. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.06.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Principal District and Sessions Judge, Theni. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 12.06.2025 4/4