Allowed

H.Vimal Chand Bathala v. K.L.Kiran

Madras HC7 Oct 2021CRP/2181/2021

Case brief

AI extract

What is this about?

The High Court allowed a Civil Revision Petition under Article 226 for the expeditious disposal of an old suit originally filed in 2013. The Respondent had delayed proceedings unnecessarily. The Court directed disposal within six months.

What did the court decide?

The Court directed the District Munsif cum Judicial Magistrate, Madhavaram to dispose of O.S.No.12 of 2020 as expeditiously as possible, preferably within six months.

H.Vimal Chand Bathala Vs K.L.Kiran — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.10.2021

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CORAM :

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THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN

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C.R.P.No.2181 of 2021

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H.Vimal Chand Bathala ... Petitioner

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K.L.Kiran ... Respondent

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PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India praying for the speedy disposal of the Suit in O.S.No.12 of 2020 on the file of the District Munsif cum Judicial Magistrate, Madhavaram.

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For Petitioner : Mr.V.Raghavachari.

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O R D E R

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This Petition is filed to dispose the Suit in O.S.No.12 of 2020 on the file of the District Munsif cum Judicial Magistrate, Madhavaram as expeditiously as possible.

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2.The Learned Counsel for the Petitioner submitted that the Suit was filed seeking for permanent injunction restraining the Petitioner from interfering with the Respondent's peaceful possession and enjoyment of the Suit property. The Suit was originally filed in the year 2013 on the file the District Munsif cum Judicial Magistrate, Thiruvottiyur and later transferred to District Munsif cum Judicial Magistrate, Madhavaram and renumbered as O.S.No.12 of 2020.

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3.He further submitted that though the Suit was ready for trial, the Respondent has not come forward to give evidence and proceed with the case. Their case is unnecessarily getting adjourned for the unwillingness on the part of the Respondent to proceed with the case.

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4.Considering the submissions made by the Learned Counsel for the Petitioner and the fact that the Suit was originally filed in the year 2013, this Court directs the Learned District Munsif cum Judicial Magistrate, Madhavaram to dispose the Suit in O.S.No.12 of 2020 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this Order. https://hcservices.ecourts.gov.in/hcservices/

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5.Accordingly, this Civil Revision Petition is allowed. No costs.

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Sd/-

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Assistant Registrar (CS-II)

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//True Copy//

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Sub Assistant Registrar

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1.The District Munsif cum Judicial Magistrate, Madhavaram.

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2.The District Munsif cum Judicial Magistrate, Tiruvottiyur.

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+1cc to Mr.V.Raghavachari, Advocate, S.R.No. 53049

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C.R.P.No.2181 of 2021

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KG(CO) GN(26/10/2021)

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https://hcservices.ecourts.gov.in/hcservices/

H.Vimal Chand Bathala v. K.L.Kiran

Case brief

What is this about?

What did the court decide?

H.Vimal Chand Bathala v. K.L.Kiran

Case brief

What is this about?

What did the court decide?

What the court decided

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