The revision petitioner filed O.S.No.477 of 2008 on the file of the District Munsif Court, Thanjavur for declaration and injunction. The suit was filed in November 2008 and the defendants also filed the written statement. At this stage, the present revision petition has been filed by the plaintiff under the Article 227 of the Constitution of India, directing the lower Court to dispose of the suit within a time frame fixed by this Court.
2.At the out set, this kind of application cannot be entertained by this Court, under
Article 227 of the Constitution Of India. When the plaint has been filed before the lower Court it is for the lower Court to list the case according to the pendency of other cases and that cannot be by-passed by the parties by filing such an application. It is always open to the parties, to approach the lower Court for early listing of the case by giving priority by proving some urgency for the early disposal and if the lower Court agrees with the submissions of the parties, it is open to the lower Court to list the suit by giving preference. Without approaching the lower Court, it is not open to the parties to approach under
Article 227 of the Constitution of India. Hence, this petition is dismissed. No costs.
gsr To The District Munsif Court, Thanjavur