T.Deepak Rajappa v. M.Seenipandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 06.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.T.Deepak Rajappa 2.T.Pradeep : Petitioners/Plaintiffs Vs.

1.M.Seenipandi 2.K.Rajakani : Respondents/Defendants Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Principal District Munsif, Sivagiri to expedite the trial in O.S.No.36 of 2021 within a time frame as fixed by this Court.

For Petitioners : Mr.D.Rajaboopathy

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.36 of 2021 pending on the file of the learned 1/5

Principal District Munsif, Sivagiri, within a specified time fixed by this Court.

2.I have heard the learned counsel appearing for the revision petitioners. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary. 3.The petitioners/plaintiffs have filed the suit in O.S.No.36 of 2021 for recovery of money.

4.The learned counsel appearing for the revision petitioners would submit that the suit in O.S.No.36 of 2021 was filed before the learned Principal District Munsif, Sivagiri, that the respondents have entered into appearance, but they have not filed any written statement, that they are getting adjournments periodically and filed applications one after one and that therefore, the petitioners were constrained to file the present petition.

5. The fact remains that the suit was filed in the year 2021. 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 2/5

affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioners, without approaching the trial Court, have 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.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioners are at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is required to consider the urgency for early trial, in the light of the circulars issued by this Court.

7. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

06.12.2023 NCC :yes/No Index :yes/No Internet:yes/No das 3/5

To

1. The Principal District Munsif, Sivagiri.

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

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K.MURALI SHANKAR ,J.

das Order made in Dated : 06.12.2023 5/5