Madras High Court
Manimuthu vs Ayyammal on 26 October, 2021
CRP.PD(MD)No.1629 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.10.2021
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRP.PD(MD)No.1629 of 2021
Manimuthu ... Petitioner
vs
1.Ayyammal
2.Palaniyammal ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the
Constitution of India to direct the Subordinate Court, Theni to dispose
the appeal suit in AS.No.39 of 2015 within a stipulated time frame as
may be fixed by this Court.
For Petitioner : Mr.R.Jenifar Bibin
ORDER
The learned counsel for the petitioner would submit that the
petitioner had filed OS.No.97 of 2010 before the District Munsif Court
cum Judicial Magistrate Court, Bodinayakanur seeking the relief of
declaration and permanent injunction in respect of the first schedule
property and declaration and recovery of possession in respect of the
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CRP.PD(MD)No.1629 of 2021
second schedule property. Since the respondents attempted to encroach
the second schedule property, the petitioner filed the above suit claiming
the relief.
2. The trial Court after hearing the arguments of both parties and
taking into consideration the oral and material evidence placed before the
Court was pleased to decree the suit in favour of the petitioner on
31.03.2015. Against the Judgment and decree, the respondents herein
filed AS.No.39 of 2015 before the Sub Court, Theni and it is pending till
date.
3. The learned counsel for the petitioner would further submit that
though the Appeal is of the year 2015, it has been periodically adjourned
on the ground that records are awaited from the lower Court and thereby,
the present petition is filed to dispose of the Appeal within a time frame
to be fixed by this Court. The learned counsel would also submit that no
Interlocutory Application is pending in the Appeal.
4. Heard the learned counsel for the petitioner and taking into
consideration the available materials on record, a direction is issued to
the learned Subordinate Judge, Theni to call for the records in OS.No.97
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CRP.PD(MD)No.1629 of 2021
of 2010 before the learned District Munsif cum Judicial Magistrate,
Bodinayakanur and dispose of AS.No.39 of 2015 as expeditiously as
possible, preferably within a period of four 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.
26.10.2021
Index : Yes/No
Internet: Yes/No
mbi
To
1.The Subordinate Court, Theni.
2.The District Munsiff cum Judicial Magistrate,
Bodinayakanur
https://www.mhc.tn.gov.in/judis/
CRP.PD(MD)No.1629 of 2021
A.D.JAGADISH CHANDIRA, J.
mbi
CRP.PD(MD)No.1629 of 2021
https://www.mhc.tn.gov.in/judis/
CRP.PD(MD)No.1629 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis/
