Madras High Court
B.Arockiyasamy vs Kithaeriammal on 1 August, 2019
Author: J.Nisha Banu
Bench: J.Nisha Banu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2019
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P(MD)No.1250 of 2019
B.Arockiyasamy .. Petitioner /
Plaintiff
Vs.
1.Kithaeriammal
2.Mariammal
3.Jenmarakini
4.Santhiyagu
5.The Sub Registrar,
Sub Register Office,
Kandavarkottai,
Pudukottai District. .. Respondents /
Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India praying to direct the learned Principal District
Judge, Pudukottai to dispose the O.S.No.57 of 2018 in a speedy
manner within a time frame as fixed by this Court.
For petitioner : Mr.N.Kamesh
ORDER
This civil revision petition has been filed by the petitioner/ plaintiff seeking for a direction to the learned Principal District http://www.judis.nic.in 2 Judge, Pudukottai to dispose of the suit in O.S.No.57 of 2018 within a stipulated time.
2.According to the petitioner/plaintiff, he has filed the suit in O.S.No.57 of 2018 for the reliefs of declaration and permanent injunction. The respondents 1, 2 and 4 / defendants 1, 2 and 4 have also filed their written statement. The suit is posted for filing written statement by the 5th respondent from 31.01.2019. The grievance of the petitioner is that he is aged about 73 years and suffering from paralysis and therefore, he has filed this revision petition seeking a direction for early disposal of the suit.
3.Heard the learned counsel for the petitioner/plaintiff. In view of the limited relief sought for by the petitioner/plaintiff and also considering the fact that the disposal of the suit would not cause any prejudice to the respondents/defendants, this Court is of the view that notice need not be sent to the respondent/plaintiff.
4.Considering fact that the suit has been pending from 2018 onwards and also considering the submission of the learned counsel appearing for the petitioner/plaintiff that the petitioner is a senior citizen, who is suffering from paralysis, this Court is inclined to direct the Court below to dispose of the suit on merits and in accordance http://www.judis.nic.in 3 with law as early as possible, preferably within a period of six months from the date of receipt of a copy of this order. The Court below is directed to send the compliance report to the Registry of this Court. Both the parties are directed to cooperate with the Court below for early disposal of the suit.
5.Accordingly, this Civil Revision Petition is disposed of. No costs.
01.08.2019
Index :Yes/No
Internet : Yes/No
smn
To
1.The Principal District Judge,
Pudukottai.
2.The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 4 J.NISHA BANU, J.
smn ORDER MADE IN C.R.P(MD)No.1250 of 2019 01.08.2019 http://www.judis.nic.in