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Madras High CourtCRP(MD)/1619/2019disposed of

Chellapandian v. Bhavani

2019-09-19Honourable Mr Justice Krishnan Ramasamy2 pages

CRP(MD)No.1619 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CRP(MD)No.1619 of 2019

1. Chellapandian

2. Natarajan ... Petitioners/Defendants 4 & 5 versus

1. Bhavani

2. Vasanthakumari

3. Saravanamuthu

4. Sanjaygandhi ... Respondents 2 to 4/Defendants 1 to 3 Civil Revision Petition filed under Article 227 of the Constitution of India, seeking a direction to the learned District Munsif, Pudukkottai, to dispose of the suit in O.S.No.93 of 2017 within the time stipulated by this Court.

For Petitioner :

Mr.D.Rameshkumar

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Pudukkottai, to dispose of the suit in O.S.No.93 of 2017 within the time stipulated by this Court.

2. The revision petitioners are the defendants 4 and 5 in O.S.No.93 of 2017 on the file of the learned District Munsif, Pudukkottai. The first respondent herein filed a suit in O.S.No.93 of 2017 for permanent injunction restraining the defendants therein from interfering with her peaceful possession and enjoyment of the suit property.

3. It is the grievance of the revision petitioners that the defendants filed their respective written statements in the suit, but, the plaintiff/first respondent herein keeps on taking adjournment from time to time and unnecessarily filed an interlocutory application with some mistakes and therefore, the said application got returned, due to which, there is no process in the said suit proceedings. Hence, the revision petitioners are before this Court seeking a direction to the trial Court for speedy trial and also for speedy disposal of the suit.

4.

The learned counsel appearing for the revision petitioners submitted that as per the Notification dated 23.11.2007 issued by the Government of Tamil Nadu, based on the directions of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.1619 of 2019 the Hon'ble Apex Court, framed rules by fixing the limit for disposal of the cases pending before the Subordinate Courts, the suit for permanent injunction should be disposed of within a period of one year from the date of filing the suit. The present suit has been filed in the year 2017 and the same is pending for more than two years. Hence, the present Civil Revision Petition has been filed.

5. Considering the fact that the suit in O.S.No.93 of 2017 is pending for more than one year and also in view of the Notification dated 23.11.2007, this Court directs the learned District Munsif, Pudukkottai, to expedite the trial in the suit in O.S.No.93 of 2017 and dispose of the same on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar ogy To The District Munsif Court, Pudukkottai.

+1 CC to M/s.D.RAMESHKUMAR, Advocate ( SR-87823[F] dated 19/09/2019 ) CRP(MD)No.1619 of 2019 19.09.2019 JM/17.10.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2