Madras High Court dismissed the prayer for expeditious disposal of the underlying suit but directed the lower court to decide a pending application under Order 38 Rules 5-6 CPC by 30.04.2023.
Directed the District Judge to dispose of I.A.No.1 of 2022 on or before 30.04.2023; no direction for early disposal of the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD)No.104 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(MD).No.104 of 2023
K.R.Dennis Raj
... Petitioner
Vs.
Mahalingam ... Respondent
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to direct the Court below to dispose of the suit in O.S.No.58 of 2022, on the file of the 1st Additional District Judge, Thoothukudi.
For Petitioner :Mr.M.Murugan
For Respondent :Mr.KA.Ramakrishnan
ORDER
The present Civil Revision Petition has been filed for the relief
of expeditious disposal of the suit in O.S.No.58 of 2022, on the file of
the 1st Additional District Court, Thoothukudi.
1/4
C.R.P.(MD)No.104 of 2023
2.Considering the fact that the suit is of the year 2022, this Court is not inclined to pass any orders, issuing direction for early disposal of the suit. However, the learned counsel for the revision petitioner brought to the notice of this Court that he had filed I.A.No.1 of 2022, along with the suit under Order 38 Rule 5 and 6 of the Civil Procedure Code, and the said application is pending.
3.Considering the above said facts, the learned 1st Additional
District Judge, Thoothukudi, is directed to dispose of the I.A.No.1 of 2022 in O.S.No.58 of 2022, on or before 30.04.2023.
4.Accordingly, this Civil Revision Petition stands allowed to
the extent as stated above. There shall be no order as to costs.
10.02.2023
Index :Yes / No Internet :Yes / No Speaking Order/Non-Speaking Order sbn
2/4
C.R.P.(MD)No.104 of 2023
To
The 1st Additional District Court, Thoothukudi.
3/4
C.R.P.(MD)No.104 of 2023
R.VIJAYAKUMAR ,J.
sbn
C.R.P.(MD).No.104 of 2023
10.02.2023
4/4
2 issues framed by the court
Whether the High Court should pass any order beyond directing the disposal of a pending interlocutory application in the underlying suit.
Whether the revision petitioner is entitled to relief concerning the expeditious disposal of the suit O.S.No.58 of 2022.
1 provisions across 1 enactments
K.R.Dennis Raj
Mahalingam
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
