Madras High Court
Venkatachalam vs A.Hilda on 2 August, 2021
CRP(PD)(MD).No.1046 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRP(PD)(MD).No.1046 of 2021
1.Venkatachalam
2.M.L.Balakrishnan
3.M.L.Sivaramakrishnan
4.M.L.Viswanathan : Petitioners/Defendants 2 to 5
Vs.
1.A.Hilda
2.A.Arockiamary
3.A.Josephine
4.A.Jothi
5.A.Jeyaseeli
6.Nirmala : Respondents 1 to 6/Plaintiffs 1 to 6
7.Society of St.Joseph College,
Thiruchirappalli – 2, rep by its
Procurator, having Office at
St. Joshep College Campus,
Thiruchirappalli. : 7th Respondent/1st Defendant
8.Pitchaimuthu
1/6
https://www.mhc.tn.gov.in/judis/
CRP(PD)(MD).No.1046 of 2021
9.Namachivayam : Respondents 8 & 9 /Defendants 6 & 7
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to pass an order of speedy disposal of O.S.No.547
of 2018 pending on the file of the learned II Additional District Munsif,
Tiruchirappalli on the basis of the order passed in I.A.No.1 of 2019 in
O.S.No.547 of 2018, dated 08.12.2020.
For Petitioner : Mr.Babu Rajendran
ORDER
The Civil Revision Petition has been filed seeking a direction to dispose of the Suit in O.S.No.547 of 2018, pending on the file of the learned II Additional District Munsif, Tiruchirappalli on the basis of the order passed in I.A.No.1 of 2019 in O.S.No.547 of 2018, dated 08.12.2020 , within a stipulated time fixed by this Court.
2.Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.
3.The revision petitioners are the defendant 2 to 5 and the respondents 1 to 6/plaintiffs have filed the suit in O.S.No.547 of 2018 for 2/6 https://www.mhc.tn.gov.in/judis/ CRP(PD)(MD).No.1046 of 2021 permanent injunction restraining the defendants and their men from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit property either by dispossessing the plaintiffs from the suit property by force or any other manner.
4.The learned counsel for the petitioners would submit that since the respondents 8 and 9 have attempted to trespass into the suit properties, the petitioners along with three others have filed a suit in O.S.No.590 of 2007 against the respondents 8 and 9 for permanent injunction and the suit was decreed on 23.12.2008, that the appeal preferred by the respondents 8 and 9 in A.S.No.90 of 2009 on the file of the I Additional Sub Court, Thiruchirappalli, was dismissed on 25.09.2013, that the second appeal in S.A.(MD)No.381 of 2015 was also dismissed on 25.10.2016 and that after the litigations reached its finality, the respondents 1 to 6, at the instigation of the respondents 8 and 9 have started second round of litigation in O.S.No.547 of 2018 for bare injunction and the same is pending on the file of the II Additional District Munsif Court, Thiruchirappalli.
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5.The learned counsel for the petitioner would further submit that the respondents 1 to 6 have also filed a writ petition before this Court in W.P.(MD)No.17910 of 2019 and obtained an order that the Revenue Authorities should not change the Revenue Mutation till the disposal of the suit in O.S.No.547 of 2018. He would further submit that the petitioners have also filed a petition under Order 11 Rule 1 of CPC for interrogatories in I.A.No.1 of 2019 and that the learned Munsif, has allowed the petition on 08.12.2020 and adjourned the matter for delivering the interrogatories and that since the respondents have been attempting to protract the proceedings, the petitioners are constrained to file the above petition for speedy disposal.
6.The fact remains that the suit was filed in the year 2018. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioners without approaching the trial Court, have directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that 4/6 https://www.mhc.tn.gov.in/judis/ CRP(PD)(MD).No.1046 of 2021 particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.
7. As rightly pointed out by the learned counsel for the petitioners, some of the parties in the present suit are senior citizens. In view of the above, the revision petitioners are at liberty to approach the trial Court and if such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court and the orders passed in I.A.No.1 of 2019 and on the ground of senior citizenship.
8.With the above observation and direction, the Civil Revision Petition is disposed of. No costs.
02.08.2021 Index : Yes/No Internet : Yes/No das 5/6 https://www.mhc.tn.gov.in/judis/ CRP(PD)(MD).No.1046 of 2021 K.MURALI SHANKAR, J.
das Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The II Additional District Munsif, Tiruchirappalli.
2.The I Additional Sub Court, Thiruchirappalli.CRP(PD)(MD).No.1046 of 2021
02.08.2021 6/6 https://www.mhc.tn.gov.in/judis/