Aswin Venkatraman v. S.Pattiappan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Aswin Venkatraman rep. through his power agent R. Selvlathasan 2.Revathy Devaraj, (rep. through his power agent G. Balasubramanian) 3.Hari Venkatraman ... Petitioners/Plaintiffs/Petitioners Vs.
1.S.Pattiappan 2.M.Krishnan 3.S.Krishnan 4.S.Krishnan 5.A.Dhandapani 6.D.RAvichandran 7.P.Veerappan 8.M.Ganesan 9.Akkammal 10.Palanisamy 11.K.Karuppana Mutharayer 12.R.Sachidhanandam 13.A. Mariappan 14.Arumugam 15.Subramani 16.Kaliammal 17.Amudha 18.Radhamani 19.Muthulakshmi 20.A. Thannasai 21.Ganesan Defendants 14 to 16 are impleaded as per orer order 21.02.2014 in I.A.No. 28 of 2014) .. respondents / Defendants PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India seeking direction to the Principal District Judge, Dindigul, to dispose of the case in O.S.No.124 of 2013, within a time frame to be fixed by this Court. For Petitioners : Mr.D. Shanmugaraja Sethupathi 1/5
ORDER
This Civil Revision Petition has been filed for issuing a direction to the learned Principal District Judge, to dispose of the case in O.S.No. 124 of 2013, within a time frame to be fixed by this Court.
2. The revision petitioners, who are the plaintiffs, have filed a suit in O.S.No.124 of 2013, on the file of the learned Additional District Munsif-Cum-Judicial Magistrate, Sivagiri, for declaration. However, the said suit is being adjourned periodically on the request of respondents / defendants for the past six years without any progress. Hence, the petitioners have come out with the present Civil Revision Petition before this Court.
3. In view of the Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts) Rules, 2007, dated 23.11.2017, based on the order passed by the Hon'ble Supreme Court in W.P(Civil).No. 496 of 2002, (Salem Advocates Bar Association, Tamil Nadu Vs. Union of India), the learned counsel contended that suit must be disposed of within a period of 24 months from the date of filing.
4. In view of the limited relief sought for by the petitioner and considering the fact that no prejudice would be caused to the respondents by ordering this petition, this Court is of the view that notice need not be sent to the respondents.
5. Considering the facts and circumstances of the case and also the submission made by the learned counsel appearing for the petitioner and the judicial Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts) Rules, 2007, dated 23.11.2017, this Court is inclined to issue a direction to the Court below to dispose of the said suit within a time frame.
6. Accordingly, the learned Principal District Judge, Dindigul, is hereby directed to dispose of the suit in O.S.No.124 of 2013, pending on its file, as expeditiously as possible, in any event, not later than four months from the date of receipt of a copy of this order.
7.
This Civil Revision petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) 2/5
trp To The learned Principal District Court, Dindigul. +1CC TO MR.D.SHANMUGARAJA, Advocate Sr. No. 94403 24.10.2019 GKG(CO) TR(20.11.2019)3P 3C 3/5