L.Manoharan v. Sampath
Case brief
What is this about?
In a Civil Revision Petition under Article 226 of the Constitution ordering a time-bound disposal of a suit pending over five years and an interim application.
What did the court decide?
Direct the I Additional District Munsif to dispose of the interim application within 30 days and the suit within six months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2018
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH CRP(PD).No.2550 of 2018
L.Manoharan ...Petitioner
Vs
1.Sampath
2.Chinapappa
3.Ramkumar
4.Chinaponnu
5.Raghu
6.Venkatesan ...Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the I Additional District Munsif, Tirukoilur to dispose of the suit in O.S.No.265 of 2013 within a stipulated time.
For Petitioner : Mr.G.Arul Murugan
*****
O R D E R
The prayer sought for in the present petition is to direct the I Additional District Munsif, Tirukoilur to dispose of the suit in O.S.No.265 of 2013 within a stipulated time.
- On a perusal of the docket orders in I.A.No.236 of 2016 in O.S.No.265 of 2013, it is seen that though the Commissioner was required to file his report on 15.06.2016, the report came to be filed only on 22.06.2017, after more than one year and the application thereafter still been kept pending. The written statement was also filed in the main suit on 17.04.2014.
Issues for consideration
2 issues framed by the court
Whether the High Court should direct the trial court to dispose of the pending suit within a stipulated time.
What reliefs are appropriate to expedite the hearing of a suit pending for over five years.
Parties & counsel
- petitioner
L.Manoharan
- respondent
Sampath
- respondent
Chinapappa
- respondent
Ramkumar
- respondent
Chinaponnu
- respondent
Case details
As recorded by the court registry
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