Madras High Court
Razia Begum vs Majitha Begum on 19 February, 2021
C.R.P.(MD)No.248 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.248 of 2021
1.Razia Begum
2.Rahmathunnissa
3.Jamal
4.Rabia
5.Idhayathullah
6.Liyakath Ali ... Petitioners
Vs.
Majitha Begum ... Respondents
Prayer : Civil Revision Petition filed under Article 227 of the
Constitution of India, to direct the learned Subordinate Court,
Thiruchirapalli to dispose the A.S.No.120 of 2017 in a time bound
manner as fixed by this Court.
For Petitioners : Mr.D.Senthil
ORDER
This civil revision petition has been filed to direct the learned
Subordinate Court, Thiruchirapalli to dispose the A.S.No.120 of
2017, within a time frame.
2.The learned counsel for the petitioners submitted that the
respondent herein filed a suit in O.S.No.467 of 2011 before the I
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C.R.P.(MD)No.248 of 2021
Additional District Munsif Court, Thiruchirapalli for permanent
injunction restraining the defendants, who are the petitioners
herein, from interfering with the possession and enjoyment of the
plaintiff in respect of the suit property. The said suit was dismissed
by a judgment and decree dated 30.06.2017. Aggrieved over the
same, the respondent filed an appeal in A.S.No.120 of 2017 before
the learned Subordinate Court, Thiruchirapalli. The said suit is
periodically adjourned without any valid reasons. 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 petitioner 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.120 of 2017 and since no adverse order is going
to be passed, notice to the respondent is not necessary.
5.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 of the case within a time frame. Without
adverting to the merits of the case, a direction is issued to the
Subordinate Court, Thiruchirapalli to dispose the suit in A.S.No.120
of 2017 on merits and in accordance with law, within a period of
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C.R.P.(MD)No.248 of 2021
four months from the date of receipt of a copy of this order. Both
the petitioners and the respondent 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 Subordinate Court, Thiruchirapalli.
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C.R.P.(MD)No.248 of 2021
J.NISHA BANU, J.
gns
C.R.P.(MD)No.248 of 2021
19.02.2021
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