Madras High CourtCRP(MD)/1816/2022disposed of

Ramasamy, v. Ammaiakkal (Died), 1. Sellappan,

2022-09-09Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ramasamy ... Petitioner versus Ammaiakkal (died)

1. Sellappan

2. Kuppusamy

3. Sadaiyammal ... Respondents Civil Revision Petition filed under Article 227 of Constitution of India, seeking a direction to the learned Principal District Munsif, Karur, to expedite the trial and dispose of the suit in O.S.No.11 of 2018 within the time stipulated by this Court.

For Petitioner : M/s.M.P.Senthil

ORDER

This Civil Revision Petition is filed seeking a direction to the learned Principal District Munsif, Karur, to expedite the trial and 1/4

dispose of the suit in O.S.No.11 of 2018, within a time stipulated by this Court.

2. The petitioner herein is the plaintiff in O.S.No.11 of 2018. He filed the said suit seeking declaration to declare that the Partition Deed dated 30.04.1994 (Document No.620/1994, Joint No.2, S.R.O. Karur) will not bind the plaintiff and also for permanent injunction.

3. It is seen from records that the suit was posted for trial on 02.11.2018 and the plaintiff was examined as P.W.1 on 20.10.2021 and documents were marked as Exs.A1 to A10 and subsequently, it was adjourned to 27.10.2021 for cross examination of P.W.1. Thereafter, at the request of the learned counsel appearing for the defendants, the suit was adjourned to 27.10.2021, 09.11.2021, 11.11.2021, 17.11.2021 and 22.11.2021. However, the defendant has not cross examined P.W.1. Therefore, the trial Court closed the evidence of P.W.1. Even for cross examination of P.W.2 also, the defendants appear to have adopted the 2/4

same method. Therefore, the petitioner/plaintiff is before this Court.

4. Considering that the suit is of the year 2018 and the same is still pending for the past three years, this Court directs the learned Principal District Munsif, Karur, to expedite the trial and dispose of the suit in O.S.No.11 of 2018, within a period of four months 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.

09.09.2022 ogy Index : Yes / No.

Internet : Yes / No.

To The Principal District Munsif Court, Karur.

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B.PUGALENDHI, J.

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