This order quashes the pending Civil Revision Petition No. 2423 of 2017 but directs the District Munsif Court, Alandur to dispose of the underlying suit O.S. No. 614 of 2009 within one year to address long delay.
The District Munsif Court, Alandur is directed to dispose of O.S. No. 614 of 2009 within one year from the date of receipt of a copy of this order.
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 :25.07.2017
CORAM
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
C.R.P(PD).No.2423 of 2017
Madhuram Ramanathan Rep. by Power of Attorney Holder Agent Mr.L.Kase ... Petitioner
1.A.Subramanian 2.A.B.Abdul Rahman 3.V.R.Jagannath
(1st respondent is set exparte) ...Respondents
Prayer : Civil Revision Petition filed Under Article 227 of the Constitution of India to issue a direction to dispose of the suit in O.S.No.614 of 2009 on the file of the District Munsif Court, Alandur within a period of time as fixed.
For Petitioner : Mr.R.M.Venkatesh
O R D E R
The petitioner / Plaintiff has filed O.S.No.614 of 2009 for declaration and permanent injunction.
2.The matter was posted for trial and for completion of other
processes on 17.03.2016. There has been no progress in the suit
aggrieved over the long pendency of the suit the petitioner / plaintiff is before this court seeking earlier disposal of the suit.
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M.GOVINDARAJ.,J. kas
3.It is seen from the docket order that the issue has been framed on 17.02.2016 and the matter was posted on 17.03.2016 for trial and proof affidavit was filed on 23.03.2016. Thereafter, pending
under the caption, I.A pending, and on 23.03.2016 ”amendments
were carried out and directed to file an additional written statement on 01.04.2017.
4.Considering the fact, that the suit for declaration and
permanent injunction has been filed in the year 2009 and pending for the past nine years.
5.Accordingly, the District Munsif Court, Alandur is directed to dispose of O.S.No.614 of 2009 within one year from the date of receipt of a copy of this order.
6.With the above direction, the Civil Revision Petition is disposed of. No costs.
25.07.2017
kas
To.
The District Munisf, Alandur
C.R.P(PD). No.2423 of 2017
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2 issues framed by the court
Whether the civil court can be directed to dispose of a pending suit within a fixed period?
Whether an interim direction for early disposal of a suit under Article 226 is maintainable?
1 provisions across 1 enactments
Madhuram Ramanathan Rep. by Power of Attorney Holder Agent Mr.L.Kase
1.A.Subramanian 2.A.B.Abdul Rahman 3.V.R.Jagannath
M.Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
