Madras High Court
M.G.Sethurajan vs C.Paramasivam on 12 February, 2009
Author: N.Paul Vasanthakumar
Bench: N.Paul Vasanthakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/02/2009 Coram THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR C.R.P.(PD)(MD)No.185 of 2009 M.G.Sethurajan ... Petitioner vs. C.Paramasivam ... Respondent PRAYER Petition filed under Article 227 of the Constitution of India against the order of frequent adjournments made in I.A.No.1853 of 2005 in O.S.No.657 of 2004 and lastly adjourned to 04.03.2009, on the file of the learned Principal District Munsif, Srivilliputtur. !For Petitioner ... No Appearance ^ :ORDER
*********** As the petitioner has prayed for the early disposal of the Interlocutory Application and by ordering the same, no prejudice would be caused to the respondent, no notice is required to be issued to the respondent for issuing direction to the learned Principal District Munsif, Srivilliputhur.
2. This Civil Revision Petition is filed under Article 227 of the Constitution of India seeking a direction to the learned Principal District Munsif, Srivilliputtur, to dispose of I.A.No.1853 of 2005 in O.S.No.657 of 2004 at an early date.
3. It is seen from the records that the said suit was filed in the year 2004 seeking a decree declaring the plaintiff's right, title and interest in the suit property and that he is the absolute owner of the suit property and consequently grant permanent injunction restraining the fifth defendant or his servants or his agents from in any way interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property and also declaring that the preliminary decree and the final decree dated 27.04.1993 and 29.01.1994 respectively obtained by the fourth defendant in O.S.No.203 of 1988 and the subsequent proceedings are null and void.
4. It is also seen from the records that the petitioner herein, who is the fifth defendant in the said Suit, filed I.A.No.1853 of 2005 and prayed for rejection of the plaint. The said Interlocutory Application was filed on 14.11.2005 and notice of hearing and counter was ordered by the Court below on 25.11.2005. The respondent herein filed counter affidavit on 16.01.2006. The said Interlocutory Application was posted for enquiry on 15.02.2006 and the enquiry was over on 26.02.2007 and posted for orders. On 15.03.2007, the said Interlocutory Application was suo motu re-opened for clarification and was posted on 29.03.2007. Thereafter, the said Interlocutory Application was adjourned for clarification on the following dates:-
"29.03.2007 - call on 20.04.2007.
20.04.2007 - call on 05.06.2007.
05.06.2007 - call on 08.06.2007.
08.06.2007 (Order) - clarification, call on 29.06.2007. 29.06.2007 (Arg) - For clarification call on 19.07.2007. 19.07.2007 - For clarification, call on 13.08.2007. 13.08.2007 - For clarification, At request adjourned to 05.09.2007. 05.09.2007 - For clarification, At request adjourned to 20.09.2007. 20.09.2007 - For clarification, At request adjourned to 25.10.2007. 25.10.2007 - For clarification, JOD Reposted to 06.11.2007. 06.11.2007 - For clarification, At request of the petitioner's side adjourned to 05.12.2007.
05.12.2007 - For clarification, At request of the petitioner's and respondent side adjourned to 18.12.2007.
18.12.2007 - For clarification, At request of both sides adjourned to 29.01.2008.
29.01.2008 - For clarification, At request adjourned to 04.03.2008. 04.03.2008 - For clarification, At request adjourned to 13.03.2008. 13.03.2008 - For clarification, call on 28.03.2008. 28.03.2008 - For clarification, call on 10.04.2008. 10.04.2008 - For clarification A BC call on 28.04.2008. 28.04.2008 - For clarification, At request adjourned to 17.06.2008. 17.06.2008 - For clarification 30.06.2008. 30.06.2008 - For clarification, At request of the petitioner's side adjourned. Call on 11.07.2008 as L/C. 11.07.2008 - For clarification, A.B.C. 11.08.2008. 11.08.2008 - For clarification. At request adjourned to 28.08.2008. 28.08.2008 - For clarification, At request adjourned to 04.09.2008. 04.09.2008 - For clarification, At request to 12.09.2008 as L/C. 12.09.2008 - For clarification, A.B.C. Call on 19.09.2008. 19.09.2008 - For clarification JOD Reposted to 03.11.2008. 03.11.2008 - For clarification, call on 05.11.2008. 05.11.2008 - For clarification, by 12.11.2008. 12.11.2008 - For clarification, by 24.11.2008. 24.11.2008 - For clarification, by 05.12.2008. 05.12.2008 - For clarification, by 07.01.2009. 07.01.2009 - For clarification, by 19.01.2009. 19.01.2009 - For clarification, by 03.02.2009. 03.02.2009 - For clarification, by 04.03.2009."
5. From the perusal of the above extracted certified copy of the docket endorsements, it could be seen that without passing orders, the said Interlocutory Application was totally adjourned 56 times by the learned Principal District Munsif, Srivilliputhur and the case was being posted for clarification 35 times. Now also the said Interlocutory Application is posted for clarification.
6. Article 227 of the Constitution of India empowers this Court to supervise in both administrative and judicial sides and the same can be invoked at the instance of the person aggrieved or may even be exercised suo motu, as held by the Hon'ble Supreme Court in Surya Devi Rai v. Ram Chander Rai reported in 2003 (3) MLJ 60 (SC).
7. Hence, the petitioner is justified in seeking a direction from this Court to the learned Principal District Munsif, Srivilliputhur to dispose of I.A.No.1853 of 2005 within a given time to meet the ends of justice.
8. In view of the above narrated events, and the jurisdiction conferred under Article 227 of the Constitution of India, the learned Principal District Munsif, Srivilliputhur, is directed to dispose of I.A.No.1853 of 2005 on the next hearing date, i.e., on 04.03.2009 and if the same is not possible due to any reason, the said Interlocutory Application shall be disposed of on or before 31.03.2009 and a report to that effect should be sent to the Registry of this Court by 06.04.2009.
9. The Civil Revision Petition is disposed of on the above terms. No costs.
NB To The Principal District Munsif, Srivilliputtur.