Madras High Court
V.Selvam vs T.Maruthuamuthu on 19 February, 2021
C.R.P.(MD)No.260 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P.(MD)No.260 of 2021
1.V.Selvam
2.V.Rajendran
3.S.Kamatchi ... Petitioners
Vs.
1.T.Maruthuamuthu
2.V.Sivamani ... Respondents
Prayer : Civil Revision Petition filed under Article 227 of the
Constitution of India, to pass on order to dispose the appeal suit in
A.S.No.239 of 2012 pending on the file of the learned Principal
Subordinate Court, Trichy within a time fixed by this Court.
For Petitioners : Mr.R.Venkatesan
ORDER
This civil revision petition has been filed to direct the learned
Principal Subordinate Court, Trichy to dispose the A.S.No.239 of
2012, within a time frame.
2.The learned counsel for the petitioners submitted that the
first respondent herein filed a suit in O.S.No.1318 of 2007 for
permanent injunction restraining the defendants from interfering in
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C.R.P.(MD)No.260 of 2021
the peaceful possession and enjoyment of the suit property. The
petitioners herein are the defendants in the said suit. The said suit
was dismissed by a judgment and decree dated 29.10.2011.
Aggrieved over the same, the first respondent herein filed an
appeal in A.S.No.239 of 2012 before the Principal Subordinate
Court, Trichy. The said appeal is pending from the year 2012 till
date without any progress. Hence, the petitioners filed the present
petition seeking a relief to dispose of the above said appeal, within
a time frame.
3.Heard the learned counsel for the petitioners and perused
the materials available on record.
4.Since this Civil Revision Petition is filed for early disposal of
the suit in A.S.No.239 of 2012 and since no adverse order is going
to be passed, notice to the respondents is not necessary.
5.Considering the facts and circumstances of the case and
considering the fact that the appeal is pending from the year 2012,
this Court feels that ends of justice would be met by directing the
Court below to dispose of the case within a time frame. Without
adverting to the merits of the case, a direction is issued to the
Principal Subordinate Court, Trichy to dispose the suit in A.S.No.
239 of 2012 on merits and in accordance with law, within a period
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C.R.P.(MD)No.260 of 2021
of four months from the date of receipt of a copy of this order. Both
the petitioners and the respondents shall co-operate for the
disposal of the above appeal.
6.With the above direction, this Civil Revision Petition is
allowed. No costs.
19.02.2021
Index :yes/No
Internet:yes/No
gns
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
The Principal Subordinate Court, Trichy.
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C.R.P.(MD)No.260 of 2021
J.NISHA BANU, J.
gns
C.R.P.(MD)No.260 of 2021
19.02.2021
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