Sathappan vs Dhanalakshmi
2023 Latest Caselaw 13780 Mad

                                                                           C.R.P.(MD)No.2507 of 2023

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 11.10.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               C.R.P.(MD)No.2507 of 2023


                    Sathappan                                                ... Petitioner/
                                                                                 Plaintiff


                                                             Vs.


                    Dhanalakshmi                                             ... Respondent/
                                                                                 Defendant

                    Prayer : This Civil Revision Petition filed under Article 227 of the
                    Constitution of India, to direct the learned District Munsif cum Judicial
                    Magistrate Court, Thirumayam to dispose of the suit in O.S.No.65 of 2011
                    before the learned District Munsif cum Judicial Magistrate Court,
                    Thirumayam within the time frame as expeditiously fixed by this Court.

                                     For Petitioner           : Mr.S.Vidhya Sagar

                                                          ORDER

The Civil Revision Petition has been filed seeking a direction to

dispose the suit in O.S.No.65 of 2011, pending on the file of the District

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2507 of 2023

Munsif cum Judicial Magistrate Court, Thirumayam, within the time frame

as expeditiously fixed by this Court.

2. Since the revision petition is filed for early disposal of the case,

the issuance of notice to the respondent is not necessary.

3. When the matter was taken up for hearing on 03.10.2023, this

Court, considering the submission made by the learned counsel appearing

for the revision petitioner that the trial has already been completed and the

case was posted for judgment on 18.01.2019 and the same is yet to be

pronounced, directed the Registry to call for a report from the concerned

Court. In pursuance of the same, the learned District Munsif cum Judicial

Magistrate, Ponnamaravathy holding full additional charge of the District

Munsif cum Judicial Magistrate, Thirumayam has submitted a report dated

09.10.2023 stating that they came to know about the missing of Ex.A.4

and the same was also intimated to the Vigilance Cell of the High Court

and is pending for reconstruction of the said documents.

4. It is evident that Ex.A.4 is House Tax receipts (2 Nos.).

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2507 of 2023

5. Considering the above, the learned District Munsif cum Judicial

Magistrate, Thirumayam is hereby directed to reconstruct the records

within a period of ten days from the date of receipt of copy of this order

and then proceed with the trial of the suit in O.S.No.65 of 2011 and

dispose of the same within a period of one month thereafter.

6. With the above direction, this Civil Revision Petition is allowed.

No costs.

11.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm

To

1. The District Munsif cum Judicial Magistrate, Thirumayam.

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

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2507 of 2023

K.MURALI SHANKAR,J.

csm

Order made in C.R.P.(MD)No.2507 of 2023

Dated : 11.10.2023

https://www.mhc.tn.gov.in/judis