Baskar v. Vijayan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE S.SRIMATHY Baskar ... Petitioner Vs.

1. Vijayan

2. The State of Tamilnadu, represented by the District Collector, Collector Office, Cantonement, Trichy District.

... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Judge, Trichy, to dispose the I.A.No.1 of 2021 in AS.Sr.No.8915 of 2021 within the time frame fixed.

For Petitioner : Mr.VR.Shanmuganathan

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in I.A.No.1 of 2021 in AS.Sr.No.8915 of 2021, 1/4

pending on the file of the District Court, Trichy, within a specified time fixed by this Court.

2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

3. Heard the learned counsel appearing for the revision petitioner and also perused the records.

4. The learned counsel appearing for the revision petitioner would submit that the revision petitioner has filed a suit in O.S.No.739 of 2018 before the Sub Court, Lalgudi, for declaration and for mandatory injunction and delivery of possession and the same was dismissed on 03.01.2020 and against the dismissal order, the revision petitioner has preferred an appeal AS.Sr.No.8915 of 2021 along with an application I.A.No.1 of 2021 to condone the delay of 579 days in filing the appeal. He would further submit that the delay condonation application was filed on 04.01.2021 and is pending for more than two years without any progress. 2/4

5. Considering the fact that the interlocutory application is pending for a period from 2021 onwards, the trial Court is hereby directed to complete the enquiry in I.A.No.1 of 2021 in AS.Sr.No.8915 of 2021 and dispose of the same within a period of three months from the date of receipt of copy of this order.

6. With the above direction, this Civil Revision Petition is allowed. No costs.

03.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The District Court, Trichy.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai 3/4

S.SRIMATHY, J.

csm Order made in Dated : 03.11.2023 4/4