Madras High CourtCRP(MD)/2451/2023disposed of

V.Raman, v. V.Natarajan,

2023-09-29Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI V.Raman ... Petitioner/Defendant Vs.

V.Natarajan ... Respondent/Plaintiff Civil Revision Petition is filed under Section 227 of Constitution of India, to dispose the suit in O.S.No.27 of 2013 on the file of the Sub-Court, Ramanathapuram, within a time that may be fixed by this Court. For Petitioners :Mr.R.Venkatesan for M/s.Right Law Associates

ORDER

The Civil Revision Petition is filed for a direction to direct the learned Subordinate Judge, Ramanathapuram, to dispose the suit in O.S.No.27 of 2013 within a time limit that may be fixed by this Court. 1/4

2.Heard the learned counsel appearing for the petitioner and also perused the materials available on record.

3.According to the petitioner/defendant, the petitioner and the respondent are brothers. The properties are self acquired properties and the petitioner has purchased the properties out of his own income and he is enjoying the properties in the name of his wife. While so, the respondent/plaintiff filed a suit in O.S.No.27 of 2013 before the Sub-Court, Ramanathapuarm, for declaration and permanent injunction. The examination of all the witnesses on both side had already been completed. The trial Court is adjourning the matter without any valid reason. Hence, the present petition is filed.

4.The learned counsel for the petitioner submitted that the suit was filed in the year 2013 and the same is pending for more than a decade. The respondent in order to prolong the trial, sought for repeated adjournments, without any valid reason. The said suit was filed by the respondent only with an intention to grab the suit properties. Hence, he prays for speedy disposal.

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5.Considering the facts and circumstances of the case, this Court directs the learned Subordinate Judge, Ramanathapuram, to dispose the suit in O.S.No.27 of 2013 on merits and in accordance with law, without giving unnecessary adjournment, after affording opportunity to the respective parties to put forth their contentions, as early as possible, within a period of four months from the date of receipt of a copy of this order. 6.With the above direction, this Civil Revision Petition is disposed of. No costs.

29.09.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Subordinate Court, Ramanathapuram.

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

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K.GOVINDARAJAN THILAKAVADI, J.

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