Dr.R.Thiyagarajan v. M/S.Ebek Language Laboraties Private Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Thiyagarajan ... Petitioner/ Petitioner/ Landlord Vs.
M/s.Ebek Language Laboratories Private Limited, represented by its Chairman and Managing Director G.Sreekanthan ... Respondent/ Respondent/ Tenant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the I Additional District Munsif Court, Trichy to hear and dispose of the Execution Petition in E.P.No.19 of 2023 in R.L.T.O.P.No.35 of 2019 on merits within a stipulated time. For Petitioner : Mr.H.Lakshmi Shankar
ORDER
The Civil Revision Petition has been filed seeking a direction to dispose of the petition in E.P.No.19 of 2023 in R.L.T.O.P.No.35 of 2019, 1/6
pending on the file of the I Additional District Munsif Court, Trichy, within a specified time fixed by this Court.
2. I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.
3. The revision petitioner has filed a petition in R.L.T.O.P.No.35 of 2019 and the learned District Munsif, by partly allowing the same, has directed the respondent to vacate and handover the possession of the ground floor of the petition mentioned premises to the revision petitioner within one month and that since the respondent has not complied with the said order, the revision petitioner has filed the above application and the same is pending without any progress.
4. The learned counsel appearing for the revision petitioner would submit that the respondent is intentionally taking adjournments on every hearing so as to keep the matter pending without any progress, that the revision petitioner is a senior citizen and that therefore, enquiry has to be expedited.
2/6
5. The fact remains that the execution petition was filed only in the year 2023. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner, without approaching the trial Court, has directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.
6. As rightly pointed out by the learned counsel appearing for the revision petitioner, the revision petitioner is a senior citizen. In view of the above, the revision petitioner is at liberty to approach the trial Court and if such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court and on the ground of senior citizenship. 3/6
7. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.
11.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To 1.The I Additional District Munsif Court, Trichy.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
4/6
5/6
K.MURALI SHANKAR ,J.
csm Order made in Dated : 11.10.2023 6/6