Madras High CourtCRP(MD)/2079/2019disposed of

D.Jeyabalan v. Malaichamy

2019-11-19Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P.(MD).No.2079 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).No.2079 of 2019 1.D.Jeyabalan 2.D.Malaichamy ... Petitioners/Defendants Nos.21 and 22 Vs.

1.Malaichamy ...1st Respondent/Plaintiff 2.Mokkathayammal 3.Yokkian 4.Suresh 5.Ravi 6.Pandi 7.Pandeeswari 8.Arivukodi 9.Singarasu 10.Vijayarani 11.Minnalkodi 12.Packiammal 13.Mokket 14.Mani 15.Poonkodi 16.Sumathi 17.Mokkaipandi 18.Sigamani 19.Panchu 20.Chitra 21.Subathra ... Respondents 2 to 20/ Defendants 1 to 20 PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the District Munsif Court, Aundipatti to dispose of the suit in O.S.No.168 of 2015 within a stipulated time frame that may be fixed by this Court. For Petitioners : Mr.R.Rajamohan

O R D E R

The Civil Revision Petition has been filed seeking a direction to the District Munsif Court, Aundipatti to dispose of the suit in O.S.No.168 of 2015.

2. According to the revision petitioners, the suit in O.S.No.168 of 2015 was filed in the year 2015 for declaration and the same is pending for the past four years. Hence, the revision https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.2079 of 2019 petitioner has filed the present Civil Revision Petition seeking a direction to the District Munsif Court, Aundipatti to dispose of the suit in O.S.No.168 of 2015.

3. The learned counsel appearing for the revision petitioners would submit that as per the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the suit in O.S.No.168 of 2015 should be disposed of within a period of two years from the date of filing the petition. But, the suit is pending for the past four years without any progress. Hence, the petitioners have filed the present civil revision petition.

4. In view of the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the Court below should have disposed of the suit in O.S.No.168 of 2015 within a period of two years, but the Court below has not disposed of the same within a time. Hence, this Court is constrained to direct the learned District Munsif, Aundipatti to dispose of the suit in O.S.No.168 of 2015, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order, without fail.

5. With the above direction, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) akv To The District Munsif, Aundipatti.

+1 CC to M/s.R. RAJAMOHAN, Advocate ( SR-99299[F] dated 19/11/2019 ) C.R.P.(NPD).(MD).No.2079 of 2019 19.11.2019 KK/SAR/09.12.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2