Madras High CourtCRP(MD)/3164/2024disposed of

H. Santhi v. Balakrishnan

2024-12-18Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.H.Santhi 2.A.Vasanthi ... Petitioners Vs.

1.Balakrishnan Mr.Rathakrishnan (Died) 2.Thirumurugan 3.Saravanavalli @ Latha 4.Roopakala 5.Jeyameena 6.K.Veeralakshmi 7.Radhabai @ Rani 8.Jeyaraman 1/5

9.Chithra 10.Manikandan 11.Veeramuthukumar 12.R.Santhi 13.R.Mathan 14.Selvi.R.Harini Meenakshi 15.Selvi.R.Ramya ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Trial Court for expeditious disposal of O.S.No.28 of 2017 on the file of the District Munsif Court, Rameswaram within a time frame fixed by this Court.

For Petitioners : Mr.R.J.Karthick

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the O.S.No.28 of 2017 pending on the file of the learned District Munsif Court, Rameswaram within a time stipulated by this Court.

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2. According to the revision petitioners, they filed a suit for the relief of mandatory injunction to demolish the old building in suit property and partition of the suit schedule property and declare the release deed, dated 23.08.2017 as null and void in O.S.No.28 of 2017. Before the Covid-19 lockout, the defendant filed various interlocutory applications to delay the suit. After completion of plaintiff's side argument, the suit was posted for defendant's side argument on 18.03.2024 itself. But at the request of defendant's side suit is periodically posted for defendant side arguments. 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.

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 3/5

direction may be issued to the learned District Munsif Court, Rameswaram, 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 Court, Rameswaram to dispose of the O.S.No.28 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. 18.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The District Munsif Court, Rameswaram.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 18.12.2024 5/5