Sesuraj v. Velangani @ Arokiyasaamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(MD)No.2383 of 2023 Sesuraj ... Petitioner/Petitioner/1st Plaintiff -vs1. Velangani @ Arokiyasaamy Sebastiyan (died)

2. Silethmary

3. Rayappan

4. Peter

5. Sagayamary

6. Kulanthairasu

7. Mariyaaarokiyam ... Respondents/Respondents/Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Court, Dindigul, to dispose of I.A.No.2 of 2021 in O.S.No.413 of 2014 within a time limit that may be fixed by this Court.

For Petitioner : Mr.K.Dinesh 1/4

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 Principal Subordinate Court, Dindigul, to dispose of I.A.No.2 of 2021 in O.S.No.413 of 2014 within a time limit that may be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that the plaintiffs have filed the suit for the relief of declaration and for recovery of possession. It is the further submission of the learned counsel for the petitioner that the suit was dismissed for default on 10.06.2016 and that they moved an application for the condonation of delay in I.A.No.1 of 2021. However, in the typed set of papers, they have not sought for any prayer in respect of I.A.No.1 of 2021 and only sought for a prayer in respect of I.A.No. 2 of 2021. Therefore, he prayed to pass an order for speedy disposal of the case.

3. Since the Civil Revision Petition is filed for early disposal of the case, no notice is necessary to the respondents herein. 2/4

4. Having considered the submission made by the learned counsel for the petitioner and also considering the fact that the application for condonation of delay is pending since 2021, this Court deems it appropriate to give a direction to the Court below to dispose of I.A.No.1 of 2021 within the time frame.

5. In the result, this Civil Revision Petition stands allowed, directing the Principal Subordinate Court, Dindigul, to dispose of I.A.No.1 of 2021 in O.S.No.413 of 2014 as expeditiously as possible, preferably within a period of two months 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 Subordinate Court, Dindigul.

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C.KUMARAPPAN,J.

ebsi C.R.P(MD)No.2383 of 2023 21.09.2023 4/4