Rajamani vs The District Collector
2021 Latest Caselaw 3312 Mad

                                                                                C.R.P(MD)No.179 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 10.02.2021

                                                      CORAM:

                              THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                            C.R.P. (MD) No.179 of 2021

                      Rajamani                                     ... Petitioner/ Plaintiff
                                                         -Vs-

                      1.The District Collector,
                        Thoothukudi District,
                        Thoothukudi.

                      2.The Canara Bank,
                        Chidampara Nagar Branch,
                        Thoothukudi.

                      3.The Sub Collector
                        Thoothukudi                               ...RespondentsDefendants

                      Prayer: Civil Revision Petition filed under Article 227 of the
                      Constitution of India, to direct the Principal District Munsif Court at
                      Thoothukudi to dispose of the pending I.A.No.2 of 2019 in O.S.No.183
                      of 2019, within the stipulated time, which may be fixed by this Court.


                                   For Petitioner     : Mr.R.Murugappan
                                   For Respondents :Mr.J.Gunaseelan Muthaiah
                                                      ORDER

This Civil Revision Petition has been filed seeking a

direction to the Principal District Munsif Court at Thoothukudi to

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C.R.P(MD)No.179 of 2021

dispose of the pending I.A.No.2 of 2019 in O.S.No.183 of 2019, within

the stipulated time.

2. The learned counsel for the revision petitioner would

submit that the petitioner is owning a dwelling house in T.S.No.3604, 5 th

Street, Ward No.23, Subbiaha Muthaliarpuram Street. According to the

petitioner, the revision petitioner's sister one Rajammal, who died on

27.11.1996, availed a loan of Rs.2,00,000/- from the second respondent

bank and the second respondent alleged that based on the petitioner's

aforesaid property as security, loan was sanctioned. Due to non-payment

of loan, the second respondent filed a suit in O.S.No.193/2003, before

the Subordinate Court, Thoothukudi, for recovery of the loan amount and

also obtained an exparte judgment, based on which, they evicted the

petitioner herein forcefully. According to the revision petitioner, he had

never given his dwelling house as collateral security and he was living in

the above said property as per the order passed in NKC4/34003, dated

15.07.2019. The petitioner filed a suit in O.S.No.183 of 2019 for

declaration, declaring that the order obtained by the second respondent is

null and void. During the pendency of the suit, the petitioner has filed

I.A.No.2 of 2019, on 16.09.2019, seeking temporary injunction,

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C.R.P(MD)No.179 of 2021

restraining the respondents 1 & 2 from his peaceful possession and

enjoyment of the suit scheduled property. The grievance of the petitioner

is that though I.A.No.2 of 2019 has been filed on 16.09.2019, the same

was adjourned many times without any valid reason. Hence, the

petitioner is constrained to move the present revision petition before this

Court for getting speedy disposal of the Interlocutory Application in

I.A.No.2 of 2019 in O.S.No.183 of 2019

3. Since this Civil Revision Petition is filed for early

disposal of the Interlocutory Application and as no adverse order is going

to be passed, no notice is necessary to the respondents herein.

4. On a perusal of the records shows that the matter has

been adjourned for several occasions stating notice to produce

documents is pending. It is seen that counter has also been filed.

Therefore, considering the facts and circumstances of the case, this

Court feels that ends of justice would be met by directing the Court

below to dispose the Interlocutory Application within a time frame.

Accordingly, without adverting to the merits of the case, a direction is

issued to the learned Principal District Munsif, Thoothukudi to dispose

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C.R.P(MD)No.179 of 2021

of the pending I.A.No.2 of 2019 in O.S.No.183 of 2019, on merits and in

accordance with law within a period of three months from the date of

receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is

disposed of. No costs.

                                                                                  10.02.2021

                      Internet : Yes / No
                      Index    : Yes / No
                      vrn


                      To

1.The Principal District Munsif Court, Thoothukudi.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P(MD)No.179 of 2021

J.NISHA BANU,J

vrn

C.R.P. (MD) No.179 of 2021

10.02.2021

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