G.Vedhanayagi v. S. Karuppasamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI G.Vedhanayagi ... Petitioner versus S.Karuppasamy ... Respondent Civil Revision Petition filed under Article 227 of Constitution of India, seking a direction to the learned Additional District Judge, Virudhunagar at Srivilliputhur to expeditiously dispose of the case in O.S.No.104 of 2021.

For Petitioner : Mr.V.Karthikeyan For Respondent : No appearance

ORDER

The petitioner, who is the plaintiff in O.S.No.104 of 2021, filed this Civil Revision Petition seeking a direction for early disposal of the 1/6

suit in O.S.No.104 of 2021 pending on the file of the Additional District Court, Virudhunagar at Srivilliputhur, within a stipulated time.

2. The learned counsel appearing for the petitioner submits that the petitioner/plaintiff had rented out the suit property to one Kaleeswaran in the year 2018. After the request, the said Kaleeswaran vacated the premises and handed over the key to the power agent of the petitioner, namely, Sethurama Subramanian. When the petitioner went to the premise, she found that the lock of the premises was broken and another lock was put on the premises and a two-wheeler was parked inside the premises and an advocate emblem was affixed in the bike. Thereafter, the petitioner's power agent lodged a police complaint before the Srivilliputhur Police Station and the same was treated as a petition enquiry in CSR No.27 of 2018. According to the petitioner, the respondent is an Advocate and by using his political power and influence, he also prevented the police from taking action. The petitioner's power agent has also sent a complaint to the Bar 2/6

Association and Bar Council of Tamilnadu and Puducherry. The Bar Council of Tamilnadu, after conducting a detailed enquiry, suspended the respondent from practice for two years and also directed the respondent to hand over the possession of the property to the petitioner within a period of six weeks. Even thereafter, the respondent has not handed over the possession. Therefore, the petitioner was constrained to file the above suit for declaration and for recovery of possession. Now, it is the grievance of the petitioner that the respondent, by using his influence and by adopting all dilatory tactics, is dragging on the trial proceedings for the past two years. Therefore, the petitioner seeks for a direction for early disposal of the suit. The learned counsel has also produced a copy of the proceedings of the Bar Council of Tamilnadu and Puducherry dated 09.03.2020.

3. This Court has also issued notice to the respondent on 29.11.2022. Though private notice sent by the petitioner was received by the respondent, the Court notice was returned with an endorsement 3/6

as unclaimed and there is no representation for the respondent.

4. Considering the conduct of the petitioner and also considering the fact that the suit is of the year 2021, this Court directs the learned Additional District Judge, Virudhunagar at Srivilliputhur, to conduct the trial on day-to-day basis, conclude the same and dispose of the suit in O.S.No.104 of 2021, within a period of six weeks 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.

04.01.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Additional District Court, Virudhunagar at Srivilliputhur 5/6

B.PUGALENDHI, J.

ogy 04.01.2023 6/6