Madras High CourtCRP(MD)/2197/2023disposed of

N.L.Venkatachalam v. R.Ramesh

2023-09-04Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:04.09.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.2197 of 2023 N.L.Venkatachalam ... Petitioner/Plaintiff Vs.

1.R.Ramesh 2.R.Selvam @ R.Selvakumar

...Respondents/Defendants

Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the District Munsif cum Judicial Magistrate, Srirengam, to dispose the O.S.No.128 of 2021 on the file of the same Court within stipulated time fixed by this Court.

For Petitioner :Mr.K.R.Manimaran

ORDER

This Civil Revision Petition is filed for a direction to direct the District Munsif cum Judicial Magistrate, Srirengam, to dispose the O.S.No. 128 of 2021, within stipulated time fixed by this Court.

2.In the affidavit, it is averred that the revision petitioner, who is the plaintiff, has filed a suit in O.S.No.128 of 2021 before the District Munsif cum Judicial Magistrate, Srirengam, for the relief of declaration declaring that the plaintiff is entitled to lay pipe line beneath the patta channel running on the western side of the defendants land and permanent injunction. The said suit has been posted for cross-examination of P.W.1. The suit is kept pending, without any valid reason. Hence, the present civil revision petition is filed.

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

4.The learned counsel appearing for the petitioner would submit that the suit is of the year 2021 and the said suit is pending for more than two years. The learned counsel further submitted that the petitioner is aged about 85 years and he is a senior most citizen and hence, he prays for speedy disposal.

5.Considering the facts and circumstances of the case, this Court directs the learned District Munsif-cum-Judicial Magistrate, Srirengam, to dispose the suit in O.S.No.128 of 2021 on merits and in accordance with law, without giving any unnecessary adjournments, after affording

opportunity to the parties concerned to put forth their contentions, as expeditiously, within a period of four 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.

04.09.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The District Munsif cum Judicial Magistrate, Srirengam.

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

K.GOVINDARAJAN THILAKAVADI, J.

Ns C.R.P(MD)No.2197 of 2023 04.09.2023