The High Court dismissed a civil revision petition under Article 227 seeking a direction to fast-track a suit less than a year old, holding that alternative remedies at the trial court were not exhausted.
Petition dismissed; liberty granted to move petition before trial court for fixing early date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2016
CORAM
THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR
C.R.P (PD) No.138 of 2016
... Petitioners
vs.
E.Manickam
... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India to direct the District Munsif Court, Sholinghur to dispose of the suit in O.S.No.13 of 2015 as early as possible preferably within a period of three months.
For Petitioners : Mr.P.Krishnan For Respondent : Mr.R.Shivakumar
ORDER
The present Civil Revision Petition has been filed under Article 227 of the Constitution of India for a direction to the District Munsif, Sholinghur to dispose of O.S.No.13 of 2015 pending on the file of the said Court, within a time to be fixed by this Court. The respondent herein is the plaintiff in the said suit and the defendants therein are
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the revision petitioners herein. The said suit has been filed for a permanent injunction against the revision petitioners herein in respect of plaint 'B' schedule property and for costs of the suit.
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petition before the trial court for fixing an early date.
20.04.2016
srn
To
The District Munsif Court, Sholinghur
P.R.SHIVAKUMAR.J
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srn
C.R.P (PD) No.138 of 2016
20.04.2016
2 issues framed by the court
Whether Article 227 jurisdiction can be invoked to direct the trial court to fast-track a suit not yet one year old without exhausting alternative remedies.
Whether the petitioners were entitled to a direction under Article 227 for disposal of a pending civil suit within a fixed time.
1 provisions across 1 enactments
S.G. Rajendiran Prasad and Anr.
E. Manickam
P.R. SHIVAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
