The petitioner as plaintiff, had filed a suit in O.S.No.379 of 1994 before the District Munsif Court, Perambalur for Permanent Injunction. Since the said suit was dismissed on the ground that the existence of the pathway was not established, he preferred an appeal in A.S.No.32 of 1997 before the Sub Court, Ariyalur. Along with the appeal, he filed I.A.No.141 of 1997 for appointment an Advocate-Commissioner to inspect the suit property and note down the physical features of the suit property. Subsequent to the constitution of District Court, Perambalur, the said appeal was transferred to the District Court, Perambalur and re-numbered as I.A.No.117 of 2003 and A.S.No.144 of 2002. The issue to be decided in the case is with regard to the existence of a pathway.

2. The said application was allowed to be pending for about 7 years right from 1997. The petitioner herein did not take any steps for the disposal of the said application. However the matter was taken up and heard by the learned District Judge, Perambalur. On 110. 2003, after hearing both sides, the learned District Judge has dismissed the application, observing that the application has been pending for over seven