Madras High CourtCRP(MD)/2993/2024dismissed

T.Sudhakar v. Haridhas

2024-11-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.T.Sudhakar 2.D.David Kumar 3.T.Amul Raj ... Petitioners/1 to 3 Defendants Vs.

1.Haridhas 2.Sindhu ... 1 and 2 Respondents/1 and 2 Plaintiffs PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Learned District Munsif Court at Eraniel, Kanyakumari District, dispose the O.S.No.49 of 2022, within the time frame fixed.

For Petitioner : Mr.B.Michael Sebastin

ORDER

This civil revision petition has been filed to direct the Learned District Munsif Court at Eraniel, Kanyakumari District, dispose the O.S.No.49 of 2022, within the time frame fixed. 1/4

2.The facts in brief:

Suit in O.S.No.29 of 2022 was filed by the respondent herein against the revision petitioner seeking the relief of permanent injunction and for costs. The revision petitioner entered appearance and filed the written statement. The grievance of the revision petitioner is that in spite of filing the written statement and issues were also framed, the trial has been dragged on by the respondent herein. On that ground he wants a direction to the trial Court for speedy disposal. 3.Heard the learned counsel for the revision petitioner. Considering the facts and circumstances of the case, notice to the respondents is dispensed with and the matter is taken up for final hearing at the admission stage itself.

4.Even though the grievance has been expressed by the revision petitioner, stating that unnecessarily the matter has been dragging on by the respondent before the trial Court, this Court cannot issue any direction to the trial Court to dispose the matter in a time bound manner. 2/4

Now as clarified by the Honourable Supreme Court, if at all the petitioner has any grievance, he can approach the trial Court itself seeking out of turn disposal. It is for the trial Court to consider the same on its own merits.

5.With the above said liberty this petition stands dismissed. No costs.

28.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The District Munsif at Eraniel, Kanyakumari District, 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 28.11.2024 4/4