Madras High CourtCRP(MD)/2178/2019disposed of

K.K.Rajendran, v. M.K.Jothibasu,

2019-11-28Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P. (PD).(MD).No.2178 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).No.2178 of 2019 K.K.Rajendran ... Petitioner/2nd Defendant Vs.

1.M.K.Jothibasu ... 1st Respondent/Plaintiff 2.Mahendran 3.Raveendran ... Respondents No.2 & 3/Defendants No.1 & 3 PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India seeking a direction to expedite the disposal of the suit in O.S.No.362 of 2015 on the file of the Additional District Munsif Court, Madurai Town.

For Petitioner : Mr.K.M.Abdul Subahan

O R D E R

The Civil Revision Petition has been filed seeking a direction to the Additional District Munsif Court, Madurai Town to dispose of the suit in O.S.No.362 of 2015.

2. According to the revision petitioner, the suit in O.S.No.362 of 2015 is filed in the year 2015 for permanent injunction and the same is pending for more than four years. Hence, the revision petitioner has filed the present Civil Revision Petition seeking a direction to the Additional District Munsif Court, Madurai to dispose of the suit in O.S.No.362 of 2015.

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, original suit 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 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.362 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 Additional District Munsif Court, Madurai Town to dispose of the suit in O.S.No.362 of 2015, on merits and in accordance with law, within a period of four months from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P. (PD).(MD).No.2178 of 2019 copy of this order, without fail.

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

Sd/- Assistant Registrar(Crl Side) // True Copy // Sub Assistant Registrar(CS) akv To The Additional District Munsif Court, Madurai Town.

+1 CC to M/s.M.SRIDHARAN, Advocate ( SR-102333[F] dated 28/11/2019 ) C.R.P.(NPD).(MD).No.2178 of 2019 28.11.2019 vr(CO) TR(20.12.2019)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2