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Madras High CourtCRP(MD)/3207/2023disposed of

Kn.Lakshmanan@Radhakrishnan v. Thazhai

2023-12-14Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR KN.Lakshmanan @ Radhakrishnan : Petitioner/1st Defendant Vs.

1.Thazhai : 1st Respondent/1st Plaintiff 2.Seeni : 2nd Respondent/2nd Plaintiff 3.Rampriya : 3rd Respondent/2nd Defendant Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to conclude the proceedings in O.S.No.80 of 2020 on the file of the Fast Tract Mahila Court, Sivagangai, Sivagangai District within a stipulated time as fixed by this Court. For Petitioner : Mr.R.Balamuruganantham

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.80 of 2020 on the file of the Fast Tract 1/5

Mahila Court, Sivagangai, Sivagangai District, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

3. The respondents 1 and 2 as plaintiffs have filed the suit in O.S.No.80 of 2020, to declare that the suit property is belonging to the plaintiffs and for consequential permanent injunction restraining the defendants and their men from interfering with the peaceful possession and enjoyment of the suit property.

4. The learned counsel appearing for the revision petitioner would submit that though the suit has been filed in 2020, till date there is no finality arrived, that the respondent/plaintiffs are not co-operating with the trial Court to conduct the trial, that the revision petitioner is a senior citizen and that therefore, the trial has to be expedited. 2/5

5. The fact remains that the petition was filed in the year 2020. 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 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. Generally, the trail Court is required to give priority to the cases, as per the circulars of this Court.

6. As rightly pointed out by the learned counsel appearing for the revision petitioner, the revision petitioner is a senior citizen. 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 and on the ground of senior citizenship. 3/5

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

14.12.2023 NCC :yes/No Index :yes/No Internet:yes/No das To

1. The Fast Tract Mahila Court, Sivagangai, Sivagangai District.

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 : 14.12.2023 5/5