Disposed

T.K.Mohan v. K.Ravichandran

Madras HC9 Mar 2017CRP/771/2017

Case brief

AI extract

What is this about?

In this Civil Revision Petition, the High Court of Judicature at Madras, exercising powers under Article 227, directed the Fast Track Court-1, Salem, to dispose of O.S.No.6 of 2012 on merits within three months due to long pendency and non-compliance with prior directions.

What did the court decide?

Directed the Fast Track Court-1, Salem to dispose of the suit in O.S.No.6 of 2012 on merits within three months.

T.K.Mohan Vs K.Ravichandran — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.03.2017

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CORAM

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THE HONOURABLE THIRU JUSTICE M. DURAISWAMY

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C.R.P.(PD)No.771 of 2017

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1.T.K.Mohan 2.2.M.Parimala Mohan 3.K.M.Sakthivel ... Petitioners

K.Ravichandran,

... Respondent

Civil Revision Petition filed under Article 227 of the Constitution of

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India, praying for a direction to the the learned Fast Track Court-1, Salem

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to dispose the suit in O.S.No.6/ of 2012 with in the time limit fixed by this Court.

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For Petitioner : Mr.B.Nambiselvan

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O R D E R

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The defendants in O.S.No.6 of 2012 on the file of Fast Track

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Court-1, Salem have filed the above Civil Revision Petition to direct the

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Trial Court to dispose of the suit in O.S.No.6 of 2012, within a time frame.

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The plaintiff filed the suit in O.S.No.6 of 2012 for permanent

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injunction. The defendants filed their written statement and are contesting the suit.

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The learned counsel appearing for the revision petitioners

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submitted that in view of the long pendency of the suit, the petitioners are put to hardship and prejudice.

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It was also brought to the notice of this court that this court by order dated 08.10.2015, directed the Trial Court to dispose of the suit in O.S.No.6 of 2012, within a period of nine months. However, the Trial Court has not disposed of the same and complied with the orders passed by this court. The defendants have now approached this court for the second time for a direction to the Trial Court for disposal of the suit, within a time frame.

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In view of the submissions made by the learned counsel appearing

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for the petitioners and also taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Fast Track Court-1, Salem to dispose of the suit in O.S.No.6 of 2012, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order and report the same to the Registry of

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this Court.

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With this observation, the Civil Revision Petition is disposed of.

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No costs.

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09.03.2017

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Index : Yes/No Note : (i) The Registry is directed to get a report from the Fast Track Court-1, Salem with regard to the non-compliance of the order dated 08.10.2015 passed by this court in CRP No.3975/2015 within ten days.

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(ii) Issue copy of the order by 13.03.2017

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The Fast Track Court-1, Salem.

M. DURAISWAMY,J.,

C.R.P.(PD)No.771 of 2017

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09.03.2017 http://www.judis.nic.in

T.K.Mohan v. K.Ravichandran

Case brief

What is this about?

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T.K.Mohan v. K.Ravichandran

Case brief

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