This Court disposed of a Civil Revision Petition filed under Article 226/227 seeking early disposal of a money recovery suit pending at Dindigul since 2019. Directing the learned District and Sessions Judge to decide within six months.
The suit in O.S.No.36 of 2019 shall be disposed of within six months from the date of receipt of a copy of this order.
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C.R.P PD(MD)No.1507 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 29.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P(MD)No.1507 of 2022
Muthukumar ... Petitioner
Vs
Tamilkumaran
... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal District and Sessions Court, Dindigul to dispose of O.S.No.36 of 2019, pending on the file of the Principal District and Sessions Court, Dindigul, within the time as fixed by this Court.
For Petitioner : Mr.W.Pamelin For Respondent : No appearance
O R D E R
This Civil Revision Petition is filed for early disposal of
the suit in O.S.No.36 of 2019 pending on the file of the Principal
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District and Sessions Court, Dindigul, within the time fixed by this Court.
2.The learned Counsel appearing for the petitioner submits that the respondent/plaintiff filed the suit in O.S.No.36 of 2019, before the Principal District and Sessions Court, Dindigul as against the petitioner herein for the relief of recovery of money. He further submits that the petitioner is having fair chances of success in the suit. The grievance of the petitioner is that though the suit is ripe for trial in the year 2019 itself, it has not been disposed of so far. Hence, a direction may be issued to the learned Principal District and Sessions Judge, Dindigul to dispose of the above suit at the earliest.
3.This Court considered the submissions of the learned
counsel for the petitioner and also perused the materials placed on record.
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4.It is seen from the records that the suit is of the year
2019, wherein, written statement was filed and issues have also been framed. For commencement of trial, the suit was posted on 12.11.2019. Thereafter, it was adjourned from 22.06.2022 to 14.07.2022 under the caption “IA/EA pending/CMP pending/CMA pending”.
5.Considering the limited prayer sought for by the petitioner, taking into consideration of the fact that the suit is of the year 2019, and also it has been ripe for trial, this Court is inclined to dispose of this Civil Revision Petition with a direction to the learned Principal District and Sessions Judge, Dindigul to dispose of the suit in O.S.No.36 of 2019, within a period of six months from the date of receipt of a copy of this order.
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C.R.P PD(MD)No.1507 of 2022
29.09.2022
Index : Yes / No. Internet : Yes / No. vrn To The Principal District and Sessions Court, Dindigul
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B.PUGALENDHI, J.
vrn
C.R.P(MD)No.1507 of 2022
29.09.2022
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1 issue framed by the court
Whether to direct the Principal District and Sessions Court to dispose of a pending suit filed in 2019 at the earliest.
2 provisions across 1 enactments
Muthukumar
Tamilkumaran
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
