Madras High CourtCRP(MD)/3200/2024disposed of

S.Sivasamy v. Jawaharlal Nehru

2024-12-20Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Sivasamy ... Petitioner Vs.

1.Jawaharlal Nehru 2.Balan ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif / Judicial Magistrate, Ilayankudi for expeditious disposal of E.P.No.2 of 2021 in O.S.No.17 of 2017 on his file, pending on his file, and allow this Civil Revision Petition and pass such further or other orders as this Court. For Petitioners : Mr.S.Srinivasa Raghavan 1/5

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the E.P.No.2 of 2021 in O.S.No.17 of 2017 pending on the file of the learned District Munsif / Judicial Magistrate, Ilayankudi within a time stipulated by this Court.

2. According to the revision petitioner, the petitioner had filed the suit for the relief of declaration, recovery of possession and for mandatory injunction, which was decreed on 05.02.2018 and there was no appeal against the same. But continuous delay in the disposal of the original petition without any progress for more than two years causes serious prejudice. Hence, the present Civil Revision Petition is filed.

3. Heard the learned counsel appearing for petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the respondent.

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4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned District Munsif / Judicial Magistrate, Ilayankudi, to dispose of the case as expeditiously as possible.

5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned District Munsif / Judicial Magistrate, Ilayankudi to dispose of the E.P.No.2 of 2021 in O.S.No.17 of 2017 pending on his file, within a period of two (2) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.

20.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To The District Munsif / Judicial Magistrate, Ilayankudi.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 20.12.2024 5/5