Madras High CourtCRP(MD)/453/2023allowed

Najima, v. Mohamed Abubakkar Siddiq,

2023-02-23Honourable Mr Justice R.Vijayakumar2 pages

C.R.P(MD)No.453 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(MD)No.453 of 2023 1.Najima 2.Apdhul Muthalip ... Petitioners /Defendants Vs.

Mohamed Abubakkar Siddiq ... Respondent/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned District Munsif, Thanjavur to expedite the trial in O.S.No.51 of 2020 pending on his file within the time stipulated by this Court, on merits in accordance with law.

For Petitioner : Mr.S.Venkatesan

ORDER

The present revision petition has been filed by the defendants in a suit for bare injunction not to evict the tenant unless by due process of law.

2. A perusal of the plaint indicates that it has been filed by a tenant as against the landlord not to evict him unless by due process of law. In the written statement, the defendants have admitted the possession of the plaintiff as a tenant. However, the application in I.A.No.174 of 2020 is been kept pending from January 2022 onwards. Citing the pendency of I.A.No.174 of 2020, the suit has not been taken up for trial. When the possession of the plaintiff is not in dispute, the trial Court shall proceed to dispose of the suit itself on or before 30.11.2023.

3. With the above said direction, this Civil Revision Petition stands allowed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // /03/2023 Sub Assistant Registrar(CS) https://www.mhc.tn.gov.in/judis 1/2

C.R.P(MD)No.453 of 2023 gbg 'To 1.The District Munsif, Thanjavur.

COPY TO The Registrar (Judicial) Madurai Bench of Madras High Court, Madurai.

Order made in C.R.P(MD)No.453 of 2023 23.02.2023 PKP/(10.03.2023)/ 2P/ 3C https://www.mhc.tn.gov.in/judis 2/2