2023 Supreme(Online)(MAD) 31428
MADURAI BENCH OF MADRAS HIGH COURT
G.Maheswari, – Appellant
Versus
P.Velkumar, – Respondent
CRP(MD) 187 2023
C.R.P.(MD) No.187 of 2023
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN
THILAKAVADI
C.R.P.(MD)No.187 of 2023
1.G.Maheswari
2.L.Suresh
3.B.Sureka
4.L.Aravind
... Petitioners
Vs.
1.P.Velkumar
Bakkiyam (died)
... Respondents
Prayer :- Petition filed under Article 227 of the Constitution of India,
directing the case in O.S.No.109 of 2019 on the file of the District and
Sessions Judge, Thoothukudi, Thoothukudi District, to be concluded
within a time frame as stipulated by this Court forthwith.
For Petitioner
: Mr.J.Sankara Pandian
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C.R.P.(MD) No.187 of 2023
For Respondent
: Mr.V.Shanthurthi Raja
ORDER
The petitioners/plaintiffs have come forward with this revision
invoking the superintending jurisdiction of this Court under Article 227
of the Constitution of India for an early disposal of the suit in O.S.No.
109 of 2019 filed by them on the file of the District and Sessions Judge,
Thoothukudi, Thoothukudi District.
2. According to the revision petitioner, the suit is of the year 2019.
From the very beginning of the institution of the suit, the intention of the
respondent is only to drag on the proceedings and also he is attempting to
make encumbrances over the said property. If the said act of the
respondent is allowed to be continued, the petitioners would be seriously
prejudiced. However, without any improvement, the said suit is lying
before the Court below for more than three years. Further, there will not
be any prejudice caused to the respondent, if time has been fixed to
dispose the above suit. Hence, he prays to direct the trial Judge to
conclude the case within a time frame.
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C.R.P.(MD) No.187 of 2023
3. Heard the learned counsel appearing on either side and perused
the materials available on record.
4. Considering the limited prayer sought for in this revision
petition and also considering the facts and circumstances of the case,
this Court directs the learned District and Sessions Judge, Thoothukudi
District, to dispose of the suit in O.S.No.109 of 2019, on merits and in
accordance with law, within a period of six months from the date of
receipt of a copy of this order, without any unnecessary delay.
5. With the above direction, this Civil Revision Petition is allowed.
No costs.
17.08.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
cp
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https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.187 of 2023
K.GOVINDARAJAN THILAKAVADI,
J.
cp
To
The District and Sessions Judge,
Thoothukudi,
Thoothukudi District.
C.R.P.(MD) No.187 of 2023
Dated: 17.08.2023
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