Madras High CourtCRP(MD)/2306/2023disposed of

Palaniammal v. Thilagavathi

2023-09-11Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Palaniammal ... Petitioner Vs.

Thilagavathi ... Respondent Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional District Munsif, Musiri, Trichy District to dispose O.S.No.13 of 2020 as expeditiously as possible, i.e. within the stipulated time as may be framed by this Court. For Petitioner : Mr.D.Anbarasu

O R D E R

This Civil Revision Petition has been filed by the petitioner for speedy disposal of O.S.No.13 of 2020 on the file of the Additional District Munsif Court, Musiri, Trichy District.

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2. Since this Civil Revision Petition filed by the petitioner is only for speedy disposal of the suit, notice for the respondent is not required and is therefore dispensed with.

3. The suit in O.S.No.13 of 2020 was filed by the respondent/plaintiff for permanent injunction and for declaration of title. The learned counsel for the petitioner/defendant would submit that the respondent/plaintiff is not ready for conducting the trial and the suit is pending for more than 2 years without any progress. It is submitted that the Trial Court is adjourning the case periodically without any reason which causes great hardship to the petitioner/defendant.

4. It is further submitted that the respondent/plaintiff knowing fully the suit proceedings is seeking adjournments continuously and taking advantage of the delay in suit proceedings, the respondent/plaintiff occupied the one portion of the petitioner's/defendant's property and filed the suit with ulterior motive and prevent the petitioner/defendant to enter into the suit property. Therefore, the petitioner/defendant was constrained to approach this Court for speedy disposal of the suit Page No. 2 of 4

5. Considering the above facts and circumstances of the case, the learned Additional District Munsif, Musiri, Trichy District is directed to expedite the trial and dispose the suit in O.S.No.13 of 2020, without giving any unnecessary adjournments, preferably, within a period of 6 months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition is disposed of. No cost. 11.09.2023 Internet : Yes/No NCC : Yes/No jen To The Additional District Munsif, Musiri, Trichy District.

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K.GOVINDARAJAN THILAKAVADI, J.

jen 11.09.2023 Page No. 4 of 4