Samy Ayya, v. Kalimuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Samy Ayya S/o.Subbaiah ... Petitioner Vs Kalimuthu S/o.Sevugaperumal ... Respondent Prayer: Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Devakottai to expedite the trial of O.S.No. 199 of 2020 and conclude the same within a time stipulated by this Court.

For Petitioner : Mr.Mr.M.Balakrishnan For Respondent : No appearance 1/4

O R D E R

This Civil Revision Petition has been filed seeking for a direction to the Subordinate Court, Devakottai, to dispose of the Suit in O.S.No.199 of 2020, within the reasonable time.

2. The learned counsel for the petitioner submitted that on the very same subject matter a suit has already been filed by the respondent in the year 2003 and became final and this present suit in O.S.No.199 of 2020 has been filed only with an intention to harass the petitioner. 3.Though notice was served on the respondent and his name was also printed in the cause list, there is no representation. 4.It is seen from the records that the respondent had filed the suit in O.S.No.199 of 2020 on the file of the Subordinate Court, Devakottai, for the relief of declaration and permanent injunction. Since there was no progress in the suit for the past two years, the present petition has been filed seeking for appropriate direction.

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5.Taking into consideration the facts and circumstances of this case and also the fact that the suit is pending for nearly two years without any progress, there shall be a direction to the learned Judge, Subordinate Court, Devakottai, to dispose of the suit in O.S.No.199 of 2020, within a period of eight months from the date of receipt of copy of this order. This Civil Revision Petition is disposed of with the above direction. No Costs.

02.12.2022 Index : Yes / No.

Internet : Yes / No.

tta To Subordinate Court, Devakottai.

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B.PUGALENDHI, J.

tta Order made in 02.12.2022 4/4