← Library
Madras High CourtCRP(MD)/2147/2019disposed of

M/S.N.K.N.K.R.Dharma Trust Rep.Through Its Managing Trustee v. Sourashtra Slimba And Gym(Sourashtra Gym)

2019-11-27Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P.(MD).No.2147 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).No.2147 of 2019 M/s.N.K.N.K.R.Dharma Trust represent through its Managing Trustee Babulal @ N.M.Venkatajalapathi S/o.N.R.Muthukrishnaier Door No.18/5, New Mahalipatti Street, Madurai-1.

... Petitioner / Appellant/ Plaintiff Vs.

1.Sourashtra Slimbu & Gym (Sourashtra Gym) Represented through its President, Registered under Society Registration Act, No.55/59, having Office at 14/27, Srinivasa Perumal Koil Street, Madurai-9.

2.Sourashtra Slimbu & Gym (Sourashtra Gym) Represented through its Secretary, Registered under Society Registration Act No.55/59, having office at 14/27, Srinivasa Perumal Koil Street, Madurai-9.

... Respondents / Respondents/ Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal Sub Court, Madurai, to dispose as expeditiously in C.M.A.No.35 of 2018 on the file of the Principal Sub Court, Madurai, within a stipulated time that may be framed by this Court.

For Petitioner : Mr.T.R.Subramanian

O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned Principal Subordinate Judge, Madurai, to expedite the hearing in C.M.A.No.35 of 2018.

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

C.R.P.(MD).No.2147 of 2018 2.According to the revision petitioner, the C.M.A.No.35 of 2018 is filed in the year 2018 and the same is pending for the past 1 1⁄2 years. Hence, the petitioner has filed the present Civil Revision Petition seeking a direction to the Principal Sub Ordinate Court, Madurai, to expedite the hearing in C.M.A.No.35 of 2018. 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 C.M.A.No.35 of 2018 should be disposed of within a period of two year from the date of filing the 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 petition 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 Principal Subordinate Court, Madurai, to dispose of the C.M.A.No.35 of 2018, on merits and in accordance with law, within a period of two 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) To The Principal Subordinate Judge, Madurai.

+1 CC to M/s.T.R. SUBRAMANIAN, Advocate ( SR-101654[F] 27/11/2019 ) C.R.P.(MD).No.2147 of 2019 27.11.2019 Ns SDS (17.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2