K. Rathinam, v. N. Mohanan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Rathinam ... Petitioner versus

1. N.Mohanan

2. Jeyalakshmi ... Respondents Petition filed under Article 227 of the Constitution of India, seeking a direction to the learned First Additional District Judge, Tirunelveli, to expeditiously hear M.J.C.No.1 of 2017 in O.S.No.126 of 2015 on the file of the learned First Additional District Judge, Tirunelveli.

For Petitioner : Mr.G.Prabhu Rajadurai

ORDER

The petitioner is the complainant in MJC No.1 of 2017 in O.S.No.126 of 2015 on the file of the learned First Additional District 1/4

Judge, Tirunelveli.

2. The learned counsel appearing for the petitioner submits that the respondents herein, who are the plaintiff and defendant in O.S.No. 126 of 2015, by tampering with the Court documents and also producing a tampered Will, obtained an order against the petitioner. On knowing the same, the petitioner lodged a complaint in MJC No.1 of 2017 before the trial Court. The trial Court has also considered the same and reviewed the earlier order passed in O.S.No.126 of 2015. However, the trial Court has not proceeded in accordance with the provisions under Section 340 of Cr.P.C.

3. The learned counsel appearing for the petitioner further submits that before the trial Court, he has also argued the case thrice and also filed his written submissions on 09.03.2022. However, the same is still kept pending without any progress. Therefore, he prays for a direction to the trial Court to dispose of MJC No.1 of 2017 within a 2/4

reasonable time.

4. Considering the fact that the complaint has been filed in the year 2017 and based on the complaint, the Court has also reviewed the earlier order passed in O.S.No.126 of 2015, this Court directs the learned First Additional District Judge, Tirunelveli, to dispose of MJC No.1 of 2017 in O.S.No.126 of 2015, within a period of six weeks from the date of receipt of a copy of this order.

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

02.09.2022 ogy To

1. The First Additional District Court, Tirunelveli.

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B.PUGALENDHI, J.

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