Madras High CourtCRP(MD)/2378/2023allowed

George v. Nesaiyan

2023-09-21Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(MD)No.2378 of 2023 George ... Petitioner/2nd Defendant -vs1. Nesaiyan ... 1st Respondent/Plaintiff

2. Vincent

3. Christu Rajan

4. Mary Helan

5. Maria Rose ... Respondents 2 to 5 / Defendants 1 and 3 to 5 PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Kuzhithurai to dispose of the suit in O.S.No.144 of 2022 within the time frame.

For Petitioner : Mr.M.Arjun Varman for M/s.Lajapathi Roy and Associates

O R D E R

The present Civil Revision Petition has been filed by the petitioner under Article 227 of the Constitution of India, to direct the learned Principal 1/4

District Munsif, Kuzhithurai, to dispose of the suit in O.S.No.144 of 2022 within the time frame.

2. The learned counsel appearing for the petitioner would submit that they are the defendants in the suit, and that the first respondent herein has filed the suit for the relief of partition and for separate possession. It is the further submission of the learned counsel for the petitioner that the very suit is abuse of process of law and has been filed only to harass the petitioner.

3. Since the Civil Revision Petition is filed for early disposal of the case, no notice is necessary to the respondents herein.

4. Having considered the submission made by the learned counsel for the petitioner and also having cognizance to the date of filing of the suit and also taking into consideration the stage of the suit, this Court deems it appropriate to give a direction to the Court below dispose of the suit within the time frame.

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5. In the result, this Civil Revision Petition is allowed, directing the learned Principal District Munsif, Kuzhithurai, to dispose of the suit in O.S.No.144 of 2022 as expeditiously as possible, preferably within a period of one year from the date of receipt of the copy of this order. There shall be no order as to costs.

21.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Principal District Munsif, Kuzhithurai.

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C.KUMARAPPAN,J.

ebsi C.R.P(MD)No.2378 of 2023 21.09.2023 4/4