Madras High Court
M.R.Venkatachalam vs A.Hilda on 2 January, 2024
Author: G.Ilangovan
Bench: G.Ilangovan
C.R.P(MD)No.3393 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.01.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P(MD)No.3393 of 2023
1.M.R.Venkatachalam
2.M.L.Balakrishnan
3.M.L.Sivaramakrishnan
4.M.L.Viswanathan .. Petitioners/2nd to 5th
Defendants
Vs.
1.A.Hilda
2.A.Arockiamary
3.A.Josephine
4.A.Jothi
5.A.Jeyaseeli
6.A.Nirmala .. Respondents1-6 /Plaintiffs
7.Society of St.Joseph's College,
Tiruchirappalli,
Rep. by its Procurator
having office at Jesuit Residence,
St.Joseph College Campus,
Tiruchirappalli-2. ..7th Respondent/1st Defendant's
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Page No.1/6
C.R.P(MD)No.3393 of 2023
8.Pitchaimuthu
9.Namachivayam .. Respondents 8&9 / Defendants 6&7
Prayer: Civil Revision Petition filed under Article 227 of the
Constitution of India, to direct the learned II-Additional District Munsif,
Trichy to expeditiously hear the Original Suit in O.S.No.547 of 2018 on
the file of the learned II-Additional District Munsif, Tiruchirappalli.
For Petitioners: Mr.A.Punithan
ORDER
This Civil Revision Petition has been filed to direct the
learned II-Additional District Munsif, Trichy to dispose the suit in
O.S.No.547 of 2018 within a period stipulated by this Court.
2. The petitioners are the defendants 2 to 4 in the suit in
O.S.No.547 of 2018 filed by the respondents 1 to6 herein/plaintiffs. The
suit is filed for permanent injunction restraining the defendants, their
men, agents, servants, person connected with them or claiming under
them from in any way interfering with the plaintiffs' peaceful possession
and enjoyment of the suit property. The first revision petitioner is aged
about 78 years, second petitioner is aged about 74 years, third petitioner
is aged about 69 years and the fourth petitioner is aged about 65 years.
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with regard to the other defendants, their age is not mentioned in the
cause title. The grievance of the petitioner is that even though the written
statement was filed and counter claim was also filed and additional issues
were filed, the suit is pending for commencing of the trial. The learned
counsel for the petitioner submitted that considering the age of the
petitioners, they want speedy disposal. The second grievance is that the
respondents 8 and 9 in this petition are highly influential persons, hence,
already first round of litigation was conducted in the year 2007 in
O.S.No.590 of 2007 before the III-Additional District Munsif,
Tiruchirappalli. The said suit was decreed in favour of the petitioners
against which an appeal was filed by the respondents 8 and 9 herein
before the I-Additional Sub Jude, Tiruchirappalli in AS.No.90 of 2009
and the same was also dismissed by order dated 25.09.2023 confirming
the decision of the trial Court. Aggrieved over the same, the respondents
8 and 9 herein preferred a second appeal in SA(MD)No.381 of 2015
before this Court and this Court vide judgment dated 25.10.2016
dismissed the second appeal. After all such failures, the present suit in
O.S.No.547 of 2018 was filed by the plaintiffs stating that they are the
original owners of the property in dispute. Therefore, the learned
counsel for the petitioners submitted that considering the round of
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litigations they met and also taking into consideration of the age of the
petitioners, this Court may order speedy disposal of the present suit.
3. Heard the learned counsel for the petitioners and perused
the materials available on record.
4. Considering the age of the petitioners and also considering
the facts and circumstances of the case, this Court directs the learned II-
Additional District Munsif, Trichy, to expedite the proceedings in
O.S.No.547 of 2018 and dispose the same within a period of six months
from the date of receipt of a copy of this order. The trial Court shall
follow the directions issued by this Court in R.O.C.No.984/2015/RG/B5
dated 25.02.2016 wherein this Court directs the trial Courts to expedite
the trial process in the matters pending for more than 5 years.
5. With the above direction, this Civil Revision Petition is
disposed of. No Costs.
02.01.2024
Index : Yes/No
Internet : Yes/No
NCC : Yes/No
PJL
https://www.mhc.tn.gov.in/judis
To
1.The II-Additional District Munsif,
Tiruchirappalli.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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G.ILANGOVAN, J.
PJL
02.01.2024
https://www.mhc.tn.gov.in/judis
