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Madras High CourtCRP(MD)/2507/2023allowed

Sathappan, v. Dhanalakshmi,

2023-10-11Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sathappan ... Petitioner/ Plaintiff Vs.

Dhanalakshmi ... Respondent/ Defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif cum Judicial Magistrate Court, Thirumayam to dispose of the suit in O.S.No.65 of 2011 before the learned District Munsif cum Judicial Magistrate Court, Thirumayam within the time frame as expeditiously fixed by this Court. For Petitioner : Mr.S.Vidhya Sagar

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose the suit in O.S.No.65 of 2011, pending on the file of the District 1/4

Munsif cum Judicial Magistrate Court, Thirumayam, within the time frame as expeditiously fixed by this Court.

2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

3. When the matter was taken up for hearing on 03.10.2023, this Court, considering the submission made by the learned counsel appearing for the revision petitioner that the trial has already been completed and the case was posted for judgment on 18.01.2019 and the same is yet to be pronounced, directed the Registry to call for a report from the concerned Court. In pursuance of the same, the learned District Munsif cum Judicial Magistrate, Ponnamaravathy holding full additional charge of the District Munsif cum Judicial Magistrate, Thirumayam has submitted a report dated 09.10.2023 stating that they came to know about the missing of Ex.A.4 and the same was also intimated to the Vigilance Cell of the High Court and is pending for reconstruction of the said documents.

4. It is evident that Ex.A.4 is House Tax receipts (2 Nos.). 2/4

5. Considering the above, the learned District Munsif cum Judicial Magistrate, Thirumayam is hereby directed to reconstruct the records within a period of ten days from the date of receipt of copy of this order and then proceed with the trial of the suit in O.S.No.65 of 2011 and dispose of the same within a period of one month thereafter.

6. With the above direction, this Civil Revision Petition is allowed. No costs.

11.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The District Munsif cum Judicial Magistrate, Thirumayam.

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

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 11.10.2023 4/4