← Library
Madras High CourtCRP(MD)/2348/2023disposed of

A.Abimanu v. R.Karthigai Selvi

2023-09-15Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2023

CORAM

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

1.R.Karthigai Selvi 2.P.Vasimalai 3.C.Glaris Mary Pushpa ... Respondents Prayer:- This Civil Revision Petition filed under Article 227 of the Constitution of India, to pass an order directing the learned VI Additional District Judge, Madurai District to dispose of the suit in O.S.No.37 of 2022 pending on its file, within a time stipulated by this Court. For Petitioner : Mr.M.Ananthkumar

O R D E R

This Civil Revision Petition has been filed by the petitioner for speedy disposal of the suit in O.S.No.37 of 2022 on the file of the VI Additional District Court, Madurai.

Page No. 1 of 4

2. Since this Civil Revision Petition filed by the petitioner is only for speedy disposal of the suit, notice for the respondents is not required and is therefore dispensed with. Therefore, this case is taken up for final disposal.

3. The above suit in O.S.No.37 of 2022 was filed by the petitioner/plaintiff before the VI Additional District Court, Madurai District for the relief of redemption. It is submitted that the learned Trial Judge is adjourning the case periodically without any reasons. Taking advantage of the same, the respondents/defendants make encumbrance in the suit property.

4. It is further submitted that the learned Trial Judge ought to have seen the status of the respondents as well as the petitioner. The respondents are the Government Employees. At the same time, the petitioner is running hard life after COVID and therefore, he is entitled to get his relief expeditiously.

5. It is further submitted that the suit was filed on 03.02.2022 and the contesting defendant has entered appearance. However, the learned Trial Judge has not enquired same and therefore, the respondents are attempting to make encumbrance in the suit property. It is submitted that if the respondent Page No. 2 of 4

succeeded in his attempt, the petitioner will be put to serious prejudice and immense hardship. The respondents are the family members. They with intension to obstruct the petitioner's rights are dragging on the proceedings. Therefore, the petitioner was constrained to approach this Court for speedy disposal of the suit.

6. Considering the above, the learned VI Additional District Judge, Madurai District is directed to dispose the suit in O.S.No.37 of 2022, without giving any unnecessary adjournments, expeditiously, within a period of 6 months from the date of receipt of a copy of this order.

7. Accordingly, this Civil Revision Petition is disposed of. No cost. 15.09.2023 Internet : Yes/No NCC : Yes/No jen To The VI Additional District Judge, Madurai District.

Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen 15.09.2023 Page No. 4 of 4