Madras High Court
M.Rajendran vs Muthukumaran on 7 February, 2024
Author: G.Ilangovan
Bench: G.Ilangovan
C.R.P(MD)No.262 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.02.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.262 of 2024
M.Rajendran ... Petitioner
Vs
Muthukumaran ... Respondent
Prayer : Civil Revision Petition is filed under Article 227 of the
Constitution of India, to direct the learned District Munsif cum Judicial
Magistrate, Rameswaram, Ramanathapuram District, to dispose the
O.S.No.43 of 2014 within a stipulated time fixed by this Court.
For Petitioner : Mr.R.Paranjothi
ORDER
This Civil Revision Petition is filed to direct the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram 1/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.262 of 2024 District, to dispose the O.S.No.43 of 2014 within a stipulated time fixed by this Court.
2. The grievance of the petitioner is that originally on the basis of the sale agreement, a suit in O.S.No.45 of 1980 was filed by him before the Subordinate Court, Ramanathapuram. That suit was dismissed on 28.02.1985 against which A.S.No.118 of 1985 was filed and that was allowed on 12.02.1986. Thereafter, the respondent filed Second Appeal before the said suit in S.A.No.1044 of 1986, that was dismissed on 27.10.1998. E.P.No.38 of 2004 was filed by the petitioner, seeking execution of the decree. That was also allowed after transferring the same to the District Munsif cum Judicial Magistrate, Rameswaram and renumbered as E.P.No.18 of 2010. Sale deed was executed on 29.05.2014. Another Execution Petition was filed in the year 2017, seeking delivery of the property. Pending the process, the respondent filed a suit in O.S.No.43 of 2014, seeking permanent injunction against this petitioner.
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3. According to the learned counsel for the petitioner, the respondent is also one of the parties in the previous litigation. On that ground this petition is filed seeking speedy disposal of the O.S.No.43 of 2014 pending before the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District.
4. Considering the oldness of the matter and considering the history of the case, there shall be a direction to the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District, to expedite the trial process and complete the same within a period of three months from the date of receipt of a copy of this order.
5. With this direction, this Civil Revision Petition is disposed of. No costs.
07.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.262 of 2024 G.ILANGOVAN, J.
pnn To
1.The District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District.
2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
ORDER IN C.R.P(MD)No.262 of 2024 07.02.2024 4/4 https://www.mhc.tn.gov.in/judis