C.Vadivel v. S.Velsamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.08.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY C.Vadivel ... Petitioner/Plaintiff -vs1.S.Velsamy 2.S.Sudalai @ Umaiyandi 3.S.Nainar 4.S.Murugan 5.S.Ganesan ... Respondents/Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the learned District Munsif, Srivaikundam, Tuticorin, to complete the trial in O.S.No.106 of 2021 on the file of the District Munsif, Srivaikundam, Tuticorin, within a specific period.

For Appellant ... Mr.Ka.Ramakrishnan

ORDER

This Civil Revision Petition is filed seeking for a direction to direct the learned District Munsif, Srivaikundam, Tuticorin, to complete the trial in O.S.No.106 of 2021, within a specific period. 1/4

2.According to the revision petitioner/plaintiff, he purchased the properties in S.Nos.80/1, 83/2, 81/2, 82/2 through a registered sale deed, dated 13.10.2010 and from then onwards, he is in possession and enjoyment of the same. While so, the respondents herein had attempted to disturb the possession of the petitioner's property. Hence, the petitioner filed a suit in O.S.No.68 of 2011 before the District Munsif, Srivaikundam, Tuticorin and the same was decreed in favour of the revision petitioner. Thereafter, in respect of S.No.81/2, the petitioner filed another suit in O.S.No.69 of 2011 and the same was also decreed in favour of the petitioner.

3.Further, as no suit was filed in respect of S.No.81/2 of Olakudi Village, Srivaikundam, Tuticorin, the respondents made an attempt to disturb the possession of the petitioner and hence, he filed a suit in O.S.No.106 of 2021 before the District Munsif, Srivaikundam,Tuticorin District. So far the suit is pending without any progress, hence, he filed the present civil revision petition.

4.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

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5.The learned counsel appearing for the petitioner submitted that the suit was filed in the year 2021 and after completion of 2 years, the trial Court is adjourning the matter periodically without any reason. Hence, he prays for speedy disposal of the suit. 6.Considering the facts and circumstances of the case, this Court directs the District Munsif, Srivaikundam, Tuticorin, to dispose the suit in O.S.No.106 of 2021, on merits and in accordance with law, without giving unnecessary adjournment, after affording sufficient opportunities to the parties concerned to put-forth their contentions, as expeditiously as possible, 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.

28.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes Ns 3/4

KRISHNAN RAMASAMY, J.

Ns To:

1.The District Munsif, Srivaikundam, Tuticorin.

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

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