Madras High Court
Mr.S.Mahesh vs Mrs.Murugarathinam Ammal on 11 November, 2021
C.R.P.(MD) (PD) No.1405 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) (PD) No.1405 of 2021
1.Mr.S.Mahesh
2.Mr.Murugaperumal
3.Mrs.Subbulakshmi .. Petitioners
-vs-
Mrs.Murugarathinam Ammal .. Respondent
Prayer :- Petition filed under Article 227 of the Constitution of India
praying to dispose of I.A.No.6 of 2019 in I.A.No.860 of 2018 in O.S.No.
245 of 2018 on the file of the Principal District Munsif Court,
Thoothukudi, within a time frame fixed by this Court.
For Petitioners : Mr.R.J.Karthick
For Respondent : Mr.Vinoth Sathya Lazer
******
ORDER
This Civil Revision Petition, by the petitioners, is filed invoking
the superintending jurisdiction of this Court under Article 227 of the
_________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) (PD) No.1405 of 2021
Constitution of India, seeking an early disposal of I.A.No.6 of 2019 in
I.A.No.860 of 2018 in O.S.No.245 of 2018 pending on the file of the
Principal District Munsif Court, Thoothukudi.
2.For the sake of convenience, the parties are referred to as per
their rank in the suit in O.S.No.245 of 2018.
3.The respondent/plaintiff has filed the suit in question for a
declaration that the third item of the property belongs to her, for a
consequential injunction restraining the defendants, their men and agents
from interfering with her possession and enjoyment of the third item of
the suit property and for a mandatory injunction seeking the removal of
the iron and granite fencing put up in the third item of the suit property.
Along with the said suit, the plaintiff had also filed I.A.No.860 of 2018
seeking an ad-interim injunction in respect of the third item of the suit
property. An ad-interim mandatory injunction was also prayed for in
I.A.No.858 of 2018. The learned Principal District Munsif, Thoothukudi
has passed an order of status quo only in I.A.No.860 of 2018.
_________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) (PD) No.1405 of 2021
4.The defendants had come forward with an application in I.A.No.
6 of 2019 to condone the delay of 332 days in filing the petition to
review the order passed in I.A.No.860 of 2018. The defendants, who are
the petitioners herein, would submit that both sides have completed their
arguments in the application in I.A.No.6 of 2019 on 01.03.2021 and to
date, no orders have been passed in the said application.
5.Heard the learned counsel appearing for the parties and perused
the B-diary extracts.
6.As contended by the petitioners/defendants, the B-diary entry on
01.03.2021 would show that the plaintiff's side arguments had been heard
and the reply of the defendants was also heard. Thereafter, the matter
was posted for orders on 08.03.2021. From 08.03.2021, the matter is
being continuously adjourned. On three occasions, the matter was
adjourned stating that the Judicial Officer was unable to pronounce the
judgment on account of paucity of time. Thereafter, from 08.04.2021
_________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) (PD) No.1405 of 2021
onwards, the matter has been posted under the head 'for clarifications'. In
fact, the matter has been adjourned under the same head on six occasions.
7.This Court is of the opinion that the application itself, which is
under consideration of the Judicial Officer, is one for condoning the
delay in filing the review application. Frequent adjournment of the case,
especially when arguments have been concluded and the matter is posted
for orders, is unfortunate. Therefore, the learned Principal District
Munsif, Thoothukudi is directed to pass orders in the application in
I.A.No.6 of 2019 in I.A.No.860 of 2018 in O.S.No.245 of 2018 within a
period of one month from the date of receipt of a copy of this order.
8.With the above observation and direction, this Civil Revision
Petition stands ordered. No costs.
11.11.2021
Index : Yes/No
Speaking/Non-Speaking Order
abr
_________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) (PD) No.1405 of 2021
To
1.The Principal District Munsif Court, Thoothukudi.
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.
_________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) (PD) No.1405 of 2021
P.T.ASHA, J.
abr
C.R.P.(MD) (PD) No.1405 of 2021
Dated: 11.11.2021
_________
https://www.mhc.tn.gov.in/judis
