Allowed

M.Abubaker Siddiq v. M.Kudhus Mohaideen

Madras HC13 Oct 2023CRP(MD)/2655/2023

Case brief

AI extract

What is this about?

The Madras High Court allowed the civil revision petition filed under Article 227 seeking direction to expedite trial in O.S.No.174 of 2017 pending at Uthamapalayam. The Court directed enquiry in a pending commission appointment application within one month and complete trial within six months.

What did the court decide?

Direction to conduct enquiry in I.A.No.1 of 2021 within one month and dispose of O.S.No.174 of 2017 within six months thereafter.

M.Abubaker Siddiq Vs M.Kudhus Mohaideen — Specific Performance | Madras HC (2023)

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C.R.P.(MD)No.2655 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 13.10.2023

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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.2655 of 2023

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M.Abubaker Sidiq ... Petitioner/ 1^st Defendant Vs. 1. M.Kudhus Mohaideen ... 1^st Respondent/ Plaintiff 2. U.Noordeeen ... 2^nd Respondent/ 2^nd Defendant

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Court, Uthamapalayam to expedite trial and dispose the O.S.No.174 of 2017 within a time limit that may be fixed by this Court.

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For Petitioner : Mr.K.Dinesh

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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 suit in O.S.No.174 of 2017, pending on the file of the Sub

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Court, Uthamapalayam.

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https://www.mhc.tn.gov.in/judis

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C.R.P.(MD)No.2655 of 2023

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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 learned counsel appearing for the revision petitioner would submit that the first respondent has filed a suit against the revision petitioner and the second respondent for specific performance and the same is pending in O.S.No.174 of 2017 and that when the suit was posted for trial, the first respondent has filed an application in I.A.No.1 of 2021 for appointment of Advocate Commissioner and the same is pending without any progress. He would further submit that the first respondent is purposely dragging on the case since 2017.

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Considering the above facts and circumstances and also taking note of the fact that the commission petition is pending for the past two years, the learned Subordinate Judge, Uthamapalayam, is hereby directed to conduct enquiry in the commission petition in I.A.No.1 of 2021 in O.S.No.174 of 2017 and dispose of the same within a period of one month from the date of receipt of copy of this order and to complete the trial in O.S.No.174 of 2017 and dispose of the same within a period of six months thereafter.

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C.R.P.(MD)No.2655 of 2023

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With the above direction, this Civil Revision Petition is allowed. No costs.

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13.10.2023

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

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The Subordinate Court, Uthamapalayam.

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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.2655 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.2655 of 2023

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Dated : 13.10.2023

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M.Abubaker Siddiq v. M.Kudhus Mohaideen

Case brief

What is this about?

What did the court decide?

M.Abubaker Siddiq v. M.Kudhus Mohaideen

Case brief

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What did the court decide?

What the court decided

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