Selvarethinam vs The Parish Council Of St.Peter And Paul ... on 16 October, 2015

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Madras High Court

Selvarethinam vs The Parish Council Of St.Peter And Paul ... on 16 October, 2015

Bench: M.Duraiswamy

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED : 16.10.2015  

CORAM   
THE HONOURABLE MR.JUSTICE M.DURAISWAMY             

C.R.P(MD)No.2312 of 2015  

Selvarethinam                                   .. Petitioner/Plaintiff

                                        -vs-            

1.The Parish Council of St.Peter and Paul Church,
   Kadiyapattinam,
   Rep. By its President,
   The Parish Priest Parish Council,
   St.Peter and Paul Church,
   Kadiyapattinam.

2.The Secretary,
   Parish Council,
   St.Peter and Paul Church,
   Kadiyapattinam.

3.The Treasurer,
   Parish Council,
   St.Peter and Paul Church,
   Kadiyapattinam.

5.The Bishop,
   R.C Diocese of Kottar,
   Bishop's House,
   Asaripallam Road,
   Nagercoil.                           .. Respondents/Defendants 

PRAYER:- Civil Revision Petition is filed under Article 227 of the
Constitution of India to direct the learned Sub Judge, Padmanabhapuram,
Kanyakumari District to dispose of the suit in O.S.No.248 of 2011 within the
stipulated time fixed by this Court.

For Petitioner          : Mr.E.V.N.Siva
For Respondent          :        

:ORDER

The plaintiff in O.S.No.248 of 2011 on the file of the Sub Court, Padmanabhapuram, Kanyakumari District has filed the above Civil Revision Petition to direct the trial Court to dispose of the suit within a stipulated time.

2. Heard the learned counsel appearing for the revision petitioner.

3. The plaintiff filed the suit in O.S.No.248 of 2011 for declaration and permanent injunction.

4. The learned counsel appearing for the petitioner submitted that though the suit was filed in the year 2011 and the trial of the suit had commenced on 05.01.2012 itself, the trial Court has not disposed of the same yet. Further, the learned counsel submitted that the suit is being adjourned periodically without being disposed of.

5. Having regard to the submission made by the learned counsel appearing for the revision 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, I direct the learned Sub Judge, Padmanabhapuram, Kanyakumari District to dispose of the suit in O.S.No.248 of 2011 on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With this observation, the Civil Revision Petition is disposed of. There shall be no order as to costs.

To The Sub Judge, Padmanabhapuram, Kanyakumari District..

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