IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 4109 of 2017
1. Ellappan
2. Murugesan
3. Desan @ Desappan .. Petitioners Vs
1. Periyasami Reddy
2. Kuttiappan
3. Dayalan .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Sholingur to speedy disposal of O.S. No. 121 of 2013, within the time limit fixed by this Court.
For Petitioners : M/s. G. Vigneshwar
O R D E R
This revision is filed seeking to direct the learned District Munsif, Sholingur for speedy disposal of O.S. No. 121 of 2013, within the time limit fixed by this Court.
2. The learned counsel for the petitioners submitted that the petitioners have filed the suit in O.S. No. 121 of 2013, for declaration and injunction. The respondents filed their written statement and issues were framed on 15.04.2014 and posted the matter for trial. However, the case has not been taken for trial for the past 3½ years. According to the petitioners, the said case has been adjourned from time to time, without any reasons and there is no Interlocutory petitions pending before the trial court. Therefore, there is no legal impediment to dispose of the suit. Hence, the petitioners have filed this revision petition, seeking the aforesaid prayer.
3. In view of the above submission, without going into the merits of the case, this Court directs the District Munsif Court, Sholingur to dispose of the suit in O.S. No. 121 of 2013, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
4. The Civil Revision Petition is disposed of, with the above direction. No order as to costs.
10.11.2017 Index : Yes/ No Speaking order/ Non speaking order avr To The District Munsif Court Sholingur.
D. KRISHNAKUMAR J., avr
CRP (PD) No. 4109 of 2017
10.11.2017