Madras High CourtCRP(MD)/2061/2022disposed of

S.Prabhudoss, v. D.Jeyakodi @ Jeyaraj

2022-10-31Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Prabhudoss : Petitioner Vs.

D.Jeyakodi @ Jeyaraj : Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to expedite the proceedings in O.S.No.87 of 2021 on the file of the Principal Subordinate Court, Dindigul.

For Petitioner : Mr.J.Gunaseelanmuthiah For Respondent : Mr.J.Bharathi Veerakumar *****

ORDER

The petitioner is the defendant in the suit in O.S.No.87 of 2021, which was filed by the respondent / plaintiff before the Principal Sub Court, Dindigul, for the relief of declaration and permanent injunction. The grievance of the petitioner is that by filing this suit, the respondent is preventing the petitioner and their men 1/4

from burying the corpses in the suit schedule property and therefore, the petitioner has filed this revision petition seeking a direction for early disposal of the suit. 2.Learned Counsel for the petitioner submitted that the suit schedule property is a burial ground, but, by creating a forged document, the respondent has filed the suit. In fact, the document, based on which the respondent claims right over the suit property, itself has been subsequently cancelled by the Sub Registrar. 3.Learned Counsel for the respondent refuted the allegations raised against him and submitted that there is no delay on their part. The pleadings have already been completed and the trial has also commenced. He has examined three witnesses so far and that he is not dragging on the proceedings. 4.

Considering the rival submissions made and also the issue involved, there shall be a direction to the learned Principal Subordinate Judge, Dindigul, to expedite the proceedings in O.S.No.87 of 2021 and to dispose of the same, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

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Accordingly, this revision petition stands disposed of. There shall be no order as to costs.

Index : Yes / No 31.10.2022 Internet : Yes gk To The Principal Subordinate Judge, Dindigul.

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B.PUGALENDHI, J.

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