Revision petition filed to direct expedited disposal of suit for recovery of possession. Court dismissed petition noting prior dismissal of similar plea and lack of justification.
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C.R.P(MD)No.1312 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 21.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P(MD)No.1312 of 2022
S.Senbgavalli ... Petitioner
Vs
S.Anantharajan ... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Judge, Melur to dispose of O.S.No. 31 of 2020 within a time frame fixed by this Court.
For Petitioner : Mr.S.Deenadhayalan For Respondent : No appearance
ORDER
This petition has been filed for a direction to the Sub Judge, Melur to dispose of the suit in O.S.No. 31 of 2020 within a time frame fixed by this Court.
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C.R.P(MD)No.1312 of 2022
2.The learned Counsel for the petitioner submits that the petitioner has filed a suit in O.S.No.31 of 2020 before
the Sub Court, Melur as against the respondent for recovery
of possession. The respondent has filed a suit in O.S.No.205 of 2018 as against the petitioner for permanent
injunction. The petitioner has also filed a civil revision petition before this Court in CRP(MD)No.1015 of 2022 for
early disposal of the suit in O.S.No.205 of 2018 on the
ground that the respondents are dragging on the proceedings. However, this Court has dismissed the said civil revision petition. Further the respondent being tenant has failed to pay the rent for several years and there is huge due from them. Therefore it is the duty of the Court to expedite the trial.
3.Though the respondent is served and his name is printed there is no representation on his behalf.
4.It is seen that the respondent filed a suit in O.S.No.205 of 2018 as against the petitioner for permanent injunction and the petitioner has filed a suit in O.S.No.31 of 2020 for recovery of possession. 2/4
C.R.P(MD)No.1312 of 2022
The petitioner on the earlier occasion filed a petition in CRP(MD)No.1015 of 2022 for early disposal of the suit filed by the respondent. However, this Court dismissed the civil revision petition stating that the petitioner filed an application in I.A.No.2 of 2021 and without prosecuting it, she has filed the civil revision petition and also imposed a cost of Rs.5,000/-.
5.Under such circumstances, this Court does not find any reason to accede to the relief sought for by the petitioner and accordingly, this civil revision petition stands dismissed. No costs. However, it is open to the trial Court to dispose of the suit as expeditiously as possible.
21.07.2022
dsk
To
The Sub Judge, Melur.
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C.R.P(MD)No.1312 of 2022
B.PUGALENDHI, J.
dsk
C.R.P(MD)No.1312 of 2022
21.07.2022
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S.Senbgavalli
S.Anantharajan
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
