Disposed

M.Rajendren v. Muthukumaran

Madras HC7 Feb 2024CRP(MD)/262/2024

Case brief

AI extract

What is this about?

In this brief order, the Madras High Court considered a Civil Revision Petition challenging the delay in disposing of a specific suit. The Court, noting the oldness of the matter, directed the District Munsif to expedite the trial within three months and disposed of the petition accordingly.

What did the court decide?

Direction to the District Munsif, Rameswaram, to expedite the trial of O.S.No.43 of 2014 and complete it within three months of receiving the order.

M.Rajendren Vs Muthukumaran — Civil Procedure and Limitation | Madras HC (2024)

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C.R.P(MD)No.262 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.02.2024

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CORAM :

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THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

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C.R.P(MD)No.262 of 2024

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M.Rajendran ... Petitioner

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Muthukumaran ... Respondent

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Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District, to dispose the O.S.No.43 of 2014 within a stipulated time fixed by this Court.

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For Petitioner : Mr.R.Paranjothi

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ORDER

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This Civil Revision Petition is filed to direct the learned District

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Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram

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1/4

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

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C.R.P(MD)No.262 of 2024

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District, to dispose the O.S.No.43 of 2014 within a stipulated time fixed by this Court.

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The grievance of the petitioner is that originally on the basis of the sale agreement, a suit in O.S.No.45 of 1980 was filed by him before the Subordinate Court, Ramanathapuram. That suit was dismissed on 28.02.1985 against which A.S.No.118 of 1985 was filed and that was allowed on 12.02.1986. Thereafter, the respondent filed Second Appeal before the said suit in S.A.No.1044 of 1986, that was dismissed on 27.10.1998. E.P.No.38 of 2004 was filed by the petitioner, seeking execution of the decree. That was also allowed after transferring the same to the District Munsif cum Judicial Magistrate, Rameswaram and renumbered as E.P.No.18 of 2010. Sale deed was executed on 29.05.2014. Another Execution Petition was filed in the year 2017, seeking delivery of the property. Pending the process, the respondent filed a suit in O.S.No.43 of 2014, seeking permanent injunction against this petitioner.

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

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C.R.P(MD)No.262 of 2024

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According to the learned counsel for the petitioner, the respondent is also one of the parties in the previous litigation. On that ground this petition is filed seeking speedy disposal of the O.S.No.43 of 2014 pending before the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District.

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Considering the oldness of the matter and considering the history of the case, there shall be a direction to the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District, to expedite the trial process and complete the same within a period of three months from the date of receipt of a copy of this order.

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With this direction, this Civil Revision Petition is disposed of.

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No costs.

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07.02.2024

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NCC :Yes/No Index :Yes/No Internet : Yes/ No

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pnn 3/4

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

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C.R.P(MD)No.262 of 2024

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G.ILANGOVAN, J.

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1.The District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District.

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2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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ORDER IN C.R.P(MD)No.262 of 2024

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07.02.2024

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

M.Rajendren v. Muthukumaran

Case brief

What is this about?

What did the court decide?

M.Rajendren v. Muthukumaran

Case brief

What is this about?

What did the court decide?

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