The above Civil Revision Petition has been filed seeking a direction to the learned Principal District Munsif, Thuraiyur to dispose of the suit in O.S.No.129 of 2012, within a stipulated time as fixed by this Court.
2. The petitioner would aver among other things that the suit in O.S.No.192 of 2012 was filed by the plaintiff for bare injunction in respect of a pathway. The petitioner is the second defendant in the suit. The suit was filed in the year2012. The issues were framed by the trial Court as early as on 24.07.2014. Pursuant to the order passed by this Court in C.R.P.(MD)No.803 of 2017, amended written statement was filed on 22.06.2017 and the trial Court had also recorded that the additional issues were not necessary and the trial could commence.
3. It is the grievance of the petitioner that the plaintiff has not shown any interest in the proceedings before the trial Court and has been dragging the matter for more than five months without filing proof affidavit. Though the suit is ripe for trial, the plaintiff is not co-operating with the proceedings under one pretext or other and taking advantage of the pending suit, he is putting the defendant into undue hardship and therefore, the petitioner/2nd defendant has come forward with the present Civil Revision Petition seeking earlier disposal of the suit.
4. Heard the learned Counsel for the petitioner and perused the materials available on record.
5. The prayer in the petition itself is with a limited prayer for speedy disposal of the suit in O.S.No.129 of 2012 and therefore, no notice is necessary to the respondents.
6. Considering the facts and circumstances of the case and also considering the fact that the suit is pending from the year 2012, this Court is of the view that ends of justice would be met, if a direction is issued to the trial Court. Accordingly, having regard to the submissions made by the learned Counsel for the petitioner and also taking into consideration the limited prayer sought for in this Civil Revision Petition, without expressing any opinion with regard to the merits of the case, this Court directs the learned Principal District Munsif, Thuraiyur to dispose of the suit in O.S.No.129 of 2012, on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.
7. With the above directions, the Civil Revision Petition is disposed of. There shall be no order as to costs.
To The Principal District Munsif Court, Thuraiyur.
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