G.R.S.Traders v. Panneerselvam Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR G.R.S.Traders, Rep.by its Managing Partner, G.Ravisankar : Petitioner/Plaintiff Vs.

1.Panneerselvam Transport, Rep.by its Managing Partner, Murugarajan 2.Murugarajan R.Kanagamani (died) 3.Parimalam 4.Prokodi : Respondents 1 to 5/ Defendants 1 to 5 Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to dispose of the C.O.S.No.857 of 2022 pending on the file of the learned Principal Sub Judge, Karur District at an early date. 1/5

For Petitioners : Mr.S.Sarvagan Prabhu

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in C.O.S.No.857 of 2022 pending on the file of the learned Principal Sub Judge, Karur District, within a specified time fixed by this Court.

2.I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary. 3.The petitioner/plaintiff has filed the suit in C.O.S.No.857 of 2022, to pay the suit amount to the plaintiff's firm along with future interest and other consequential reliefs.

4.The learned counsel appearing for the revision petitioner would submit that the suit in O.S.No.11 of 2019 was filed before the learned Principal District Judge, Karur. The petitioner has filed a petition for 2/5

transfer and the same was transferred to the file of the learned Principal Sub Judge, Karur and renumbered as C.O.S.No.857 of 2022 and thereafter, the suit is pending without any progress and that therefore, the trial has to be expedited.

5. The fact remains that initially the suit was filed in the year 2019. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioners, without approaching the trial Court, have directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is required to consider the urgency for early trial, in the light of the circulars issued by this Court. 3/5

7. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

08.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Principal Sub Judge, Karur District.

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

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K.MURALI SHANKAR ,J.

das Order made in Dated : 08.11.2023 5/5