Madras High CourtCRP(MD)/1644/2021disposed of

R. Banumathi, v. M.Elangovan,

2021-10-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

C.R.P.(MD) No.1644 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA C.R.P.(PD)(MD) No.1644 of 2021

1. R. Banumathi

2. R.Mohankumar : Petitioners//Defendants -vsM. Elangovan : Respondent/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue a direction to the III Additional Sub Court, Madurai, to dispose of the suit in O.S.No.600 of 2019 within a stipulated period that is fixed by this Court. For petitioners : Mr. K. Sudalaiyandi

O R D E R

This petition has been filed for issuing a direction to the III Additional Sub Court, Madurai, to dispose of the suit in O.S.No.600 of 2019, pending on his file, within a stipulated period fixed by this Court.

2. Heard the learned counsel appearing for the petitioners. Since the case is for a limited relief of early disposal, no notice need be sent to the respondent.

3. The learned counsel appearing for the petitioner would submit that the first petitioner is a senior citizen and the second petitioner is her son. He would further submit that the the revision petitioners are defendants in the suit in O.S.No.600 of 2019, on the file of the III Additional Sub Court, Madurai, filed by the respondent / plaintiff for specific performance. The suit, which has been filed during the year 2019 is based on the alleged sale agreement dated 17.12.2012 and is barred by limitation. However, the suit has been taken up and that the petitioners have filed written statement and the suit has been posted for framing issues. Taking advantage of the pendency of the suit, the respondent / plaintiff is threatening the petitioners and the subsequent purchasers of the property and hence, the present revision has been filed seeking for early disposal of the suit.

4. Considering the submission made by the learned counsel appearing for the petitioners and that the first petitioner is a senior citizen, this Court directs the III Additional Subordinate Judge, Madurai, to dispose of the suit in O.S.No.600 of 2019 pending on his file as expeditiously as possible, preferably within a period of nine months from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD) No.1644 of 2021

5. With the above direction, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To:

The III Additional Sub Judge, Madurai.

Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-33073[F] dated 28/10/2021 C.R.P.(PD)(MD) No.1644 of 2021 28.10.2021 SRK(CO) KB(12.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2