Sakunthala v. Kongamuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Sakunthala ... Revision Petitioner Vs.

1.Kongamuthu 2.Samburanam 3.Logeshwaran 4.Sathya 5.Venkatesh 6.Nithya ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to dispose the I.A.No.2 of 2022 in O.S.No.255 of 1/6

2022 as expeditiously as possible i.e., within the stipulated time as may be framed by this Court which is pending before the learned District Munsif Court, Thuraiyur, Trichy District.

For Petitioner : Mr.D.Anbarasu

ORDER

The Civil Revision Petition has been filed to direct District Munsif, District Munsif Court, Thuraiyur, Trichy District, to dispose the interim application filed in I.A.No.2 of 2022 in O.S.No.255 of 2022 pending on the file of the District Munsif Court, Thuraiyur, within a time frame that may be fixed by this Court.

2. According to the Revision Petitioner, the above suit in O.S.No.255 of 2002 was filed by the petitioner as plaintiff for declaration, mandatory injunction and permanent injunction. Subsequently, the suit was adjourned on various dates without proper reason. Thereafter, the petitioner filed interim application for interim injunction restraining the respondents / defendants from constructing the 2/6

portion of the house in the suit schedule property till disposal of the suit. Further the respondents in order to drag on the proceedings, took time to file counter and the petition was periodically adjourned without any progress.

3. It is further submitted that the revision petitioner is a senior citizen, who is aged about 60 years old and the petitioner is longing see the fruits of the decree during her life time. Hence, the petitioner was constrained to file this Civil Revision Petition, since the said Court is not inclined to dispose the matter expeditiously. Hence, the petitioner approached this Court for early disposal of the above I.A.No.2 of 2022 in O.S.No.255 of 2022. Hence, she prays for allowing the Civil Revision Petition.

4. Considering the limited prayer sought for in the Revision, notice to other side is deemed unnecessary.

5. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 3/6

6. Considering the facts and circumstances of the case and also considering the age of the petitioner, this Court directs the learned District Munsif, District Munsif Court, Thuraiyur, Trichy District, to dispose the I.A.No.2 of 2022 in O.S.No.255 of 2022, on merits and in accordance with law, without any unnecessary adjournments, as expeditiously as possible, preferably within a period of one (01) month from the date of receipt of copy of this order.

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

18.08.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No RM Note : Issue order copy on 21.08.2023 4/6

To 1.The District Munsif, District Munsif Court, Thuraiyur, Trichy District.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

RM 18.08.2023 6/6