M/S.Green Finance, v. V.Anandalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.R.P(MD)No.1842 of 2022 M/s. Green Finance, A Registered Partnership Firm, Represented by its Managing Partners 1.Vidyasagar 2.K.Arivalagan ... Petitioners Vs 1.V.Anandalakshmi 2.S.Saraswathi ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to order to dispose of the suit in O.S.No.56 of 2016, on the file of the II Additional District Judge, Tiruchirappalli, within the time frame fixed by this Court.

For Petitioner : Mr.P.Arun Jayatram For R1 : No appearance For R2 : Mr.M.Jahangir Baba 1/5

O R D E R

This Civil Revision Petition is filed for early disposal of the suit in O.S.No.56 of 2016, pending on the file of the II Additional District Judge, Tiruchirappalli, within the time fixed by this Court. 2.The learned Counsel appearing for the petitioner submits that the suit in O.S.No.56 of 2016 was decreed on 12.11.2016, in the Lok Adalat, as against the first defendant alone. The petitioners/plaintiffs filed an Interlocutory Application in I.A.No.1 of 2020, under Section 151 of Civil Procedure Code to reopen the suit and to pass appropriate award as against the second defendant and the same was allowed by the trial Court. The grievance of the petitioner is that after reopening of the suit, there is no progress in the suit for the past nine months. Hence, a direction may be issued to the learned II Additional District Judge, Tiruchirappalli, to dispose of the above suit at the earliest.

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3.This Court considered the submissions of the learned counsel for the petitioner and also perused the materials placed on record.

4.It is seen from the records that the suit is of the year 2016. On 12.11.2016, an award was passed in the Lok Adalat conducted by the District Legal Services Authority, Tiruchirappalli as against the first defendant alone. On 05.07.2017, execution proceedings in E.P.No.183 of 2017 has been initiated, which was also allowed on 22.07.2019. The petitioners/plaintiffs filed an Interlocutory Application in I.A.No.1 of 2020 for reopening the suit and to pass appropriate decree as against the second defendant and the same was allowed. It appears that after reopening of the suit, it was kept pending without any progress.

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5.Considering the limited prayer sought for by the petitioner, taking into consideration of the fact that the suit is of the year 2016 and also after passing of an award, it was re-opened and kept pending, this Court is inclined to dispose of this Civil Revision Petition with a direction to the learned II Additional District Judge, Tiruchirappalli, to dispose of the suit in O.S.No.56 of 2016, within a period of six months from the date of receipt of a copy of this order.

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

29.09.2022 Index : Yes / No.

Internet : Yes / No.

vrn To The II Additional District Court, Tiruchirappalli, 4/5

B.PUGALENDHI, J.

vrn C.R.P(MD)No.1842 of 2022 29.09.2022 5/5