S.Rajendran v. Sailakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.S.Rajendran 2.R.Rajalakshmi .. Petitioner/Defendants Vs.

1.Sailakshmi 2.Vinothkumar .. Respondents / Plaintiffs Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to expedite the enquiry proceedings and stipulated time may be fixed by this Court to dispose the O.S.No.7 of 2020 pending on the file of the District Munsif Court, Thirumangalam. For Petitioner: Ms.K.R.Shivashankari

O R D E R

This Civil Revision Petition has been filed to direct the District Munsif, Thirumangalam to dispose of the O.S.No.7 of 2020 on its file, within a time as may be fixed by this Court.

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2. The suit in O.S.No.7 of 2020 was filed by the respondents herein against the petitioners seeking the relief of permanent injunction and for costs. The petitioners entered appearance and filed the written statement on 06.11.2020 itself. The Deputy Inspector General of Registration, Madurai passed an order declaring the sale deeds dated 06.08.2018 as null and void and also declared that further sale transactions as null and void with respect to the subject suit property. Thereafter, the petitioners filed I.A.No.4 of 2022 seeking direction to the trial Court to take up the preliminary issue, ie., the maintainability of the suit, in the light of the order passed by the District Registrar dated 25.06.2021. That IA was heard in full and posted for orders on 15.12.2023. Thereafter, it was reopened for clarification. Now, it is posted on 19.01.2024. In the meantime, the petitioners approached this Court with this civil revision petition for speedy disposal of the suit in O.S.No.7 of 2020.

3. Even this Civil Revision Petition is filed seeking a direction to the trial Court to dispose the original suit in O.S.No.7 of 2020 within a time stipulated by this Court, since IA.No.4 of 2022 in O.S.No.7 of 2020 is pending, at this time, no direction can be issued to the trial Court to Page No.2/4

take up the main suit for disposal. Hence, at first, the IA.No.4 of 2022 needs to be disposed.

4. Accordingly, considering the submission of the learned counsel for the petitioner, this Court directs the learned District Munsif, Thirumangalam, to dispose of the IA.No.4 of 2022 in O.S.No.7 of 2020 within a period of two months from the date of receipt of a copy of this order.

5. With the above observation, this Civil Revision Petition is disposed of. No Costs.

02.01.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No PJL To

1. The District Munsif, Thirumangalam.

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

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G.ILANGOVAN, J.

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