Disposed

Dr.R.Thiyagarajan v. M/s.Ebek Language Laboraties Private Ltd.

Madras HC11 Oct 2023CRP(MD)/2625/2023

Case brief

AI extract

What is this about?

The Madras High Court disposed of the Civil Revision Petition which sought a direction to the trial court for early disposal of an execution petition. The Court declined to specify a timeline for disposal as it lacks pendency data but directed the trial court to prioritize the case due to the petitioner's senior citizenship.

What did the court decide?

The High Court disposed of the revision petition without fixing a specific time limit, directing the trial court to expedite the matter due to the petitioner's senior citizenship.

Dr.R.Thiyagarajan Vs M/s.Ebek Language Laboraties Private… — Landlord and Tenant | Madras HC (2023)

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C.R.P.(MD)No.2625 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.10.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.2625 of 2023

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R.Thiyagarajan

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... Petitioner/ Petitioner/ Landlord

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Vs.

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M/s.Ebek Language Laboratories Private Limited, represented by its Chairman and Managing Director G.Sreekanthan ... Respondent/ Respondent/ Tenant

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the I Additional District Munsif Court, Trichy to hear and dispose of the Execution Petition in E.P.No.19 of 2023 in R.L.T.O.P.No.35 of 2019 on merits within a stipulated time.

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For Petitioner : Mr.H.Lakshmi Shankar

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ORDER

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The Civil Revision Petition has been filed seeking a direction to

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dispose of the petition in E.P.No.19 of 2023 in R.L.T.O.P.No.35 of 2019,

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C.R.P.(MD)No.2625 of 2023

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pending on the file of the I Additional District Munsif Court, Trichy, within a specified time fixed by this Court.

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I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

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The revision petitioner has filed a petition in R.L.T.O.P.No.35 of 2019 and the learned District Munsif, by partly allowing the same, has directed the respondent to vacate and handover the possession of the ground floor of the petition mentioned premises to the revision petitioner within one month and that since the respondent has not complied with the said order, the revision petitioner has filed the above application and the same is pending without any progress.

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The learned counsel appearing for the revision petitioner would submit that the respondent is intentionally taking adjournments on every hearing so as to keep the matter pending without any progress, that the revision petitioner is a senior citizen and that therefore, enquiry has to be expedited.

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C.R.P.(MD)No.2625 of 2023

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The fact remains that the execution petition was filed only in the year 2023. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner, without approaching the trial Court, has directly come forward with the present Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

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As rightly pointed out by the learned counsel appearing for the revision petitioner, the revision petitioner is a senior citizen. In view of the above, the revision petitioner is at liberty to approach the trial Court and if such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court and on the ground of senior citizenship.

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C.R.P.(MD)No.2625 of 2023

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With the above observation and direction, the Civil Revision

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Petition is disposed of. No costs.

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11.10.2023

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NCC :yes/No Index :yes/No Internet:yes/No csm

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1.The I Additional District Munsif Court, Trichy.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.2625 of 2023

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C.R.P.(MD)No.2625 of 2023

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K.MURALI SHANKAR,J.

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csm

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Order made in C.R.P.(MD)No.2625 of 2023

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Dated : 11.10.2023

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Dr.R.Thiyagarajan v. M/s.Ebek Language Laboraties Private Ltd.

Case brief

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Dr.R.Thiyagarajan v. M/s.Ebek Language Laboraties Private Ltd.

Case brief

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