Madras High CourtCRP(MD)/2076/2019disposed of

Liyagath Ali Khan v. Soundararajan

2019-11-19Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P. (PD).(MD).No.2076 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.2076 of 2019 Liyagath Ali Khan ... Petitioner/Plaintiff Vs.

1.Soundararajan 2.Jeyapandi 3.Mohammed Anibasaibu 4.Velsamy 5.Kanthasamy 6.Seeni Nayackar 7.Soundarapandian 8.M/s. KU.Thermal Power Private Limited, represented by its Authorised Officer, Mr.C.H.Ramakrishna, Block Court Ground Floor, Stem wood Apartments, No.14, Factory Road, Adjacent to Safdarjung Hospital, New Delhi 1100 291.

... Respondents/Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Additional District Munsif Court, Thoothukudi to expedite the trial and conclude the suit in O.S.No.214 of 2016 within a time frame that may be stipulated by this Court.

For Petitioner : Mr.V.Angusamy

O R D E R

The Civil Revision Petition has been filed seeking a direction to the Additional District Munsif Court, Thoothukudi to expedite the trial and conclude the suit in O.S.No.214 of 2016.

2. According to the revision petitioner, the suit in O.S.No.214 of 2016 was filed in the year 2016 and the same is pending for the past five years. Hence, the revision petitioner has filed the present Civil Revision Petition seeking a direction to the Additional District Munsif Court, Thoothukudi, to dispose of the suit in O.S.No.214 of 2016.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P. (PD).(MD).No.2076 of 2019

3. The learned counsel appearing for the revision petitioner 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.214 of 2016 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 five years and now it is posted for pronouncement of judgment. Hence, the petitioner has 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.214 of 2016 within a period of two years, but the Court below has not disposed of the same within a time and the same is posted for pronouncement of judgment. Hence, this Court is constrained to direct the learned Additional District Munsif, Thoothukudi to pronounce the judgment in O.S.No.214 of 2016, within a period of 30 days from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) akv To The Additional District Munsif, Thoothukudi.

+1CC TO MR.V.ANGUSAMY, Advocate Sr. No. 99499 C.R.P..(MD).No.2076 of 2019 19.11.2019 AL(CO) TR(10.12.2019)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2