K.Karthik v. K.Ayyasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Karthik : Petitioner/Plaintiff Vs.

K.Ayyasamy : Respondent/Defendant Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Fast Track Mahila Judge, Sivagangai to dispose of the suit in O.S.No.43 of 2021 within a time frame as fixed by this Court.

For Petitioner : Mr.V.R.Shanmuganathan

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.43 of 2021, pending on the file of the learned Fast Track Mahila Judge, Sivagangai, within a specified time fixed by this Court.

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2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

3. Heard the learned counsel appearing for the revision petitioner and also perused the records.

4. The learned counsel for the petitioner would submit that the petitioner/plaintiff has filed the suit in O.S.No.43 of 2021 for specific performance. He would further submit that with an ill motive to restrain the petitioner, the respondent has filed as many as applications for delaying the suit and that therefore, the trial has to be expedited.

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 affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner without approaching the trial Court, has directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence 2/5

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. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

6. In view of the above, the revision petitioner is at liberty to approach the trial Court and if such requisition for speedy disposal is made, the trial Court 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.

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To 1.The Fast Track Mahila Judge, Sivagangai 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 : 07.12.2023 5/5