Civil revision petition under Article 226 seeking direction to trial court for speedy disposal of suit dismissed. Court held it cannot issue direction for time-bound disposal; petitioner must approach trial court for out-of-turn disposal instead.
Civil Revision Petition stands dismissed with liberty to approach the trial court for out-of-turn disposal; no costs.
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C.R.P.(MD)No.2993 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.2993 of 2024
1.T.Sudhakar 2.D.David Kumar 3.T.Amul Raj ... Petitioners/1 to 3 Defendants
Vs.
1.Haridhas 2.Sindhu ... 1 and 2 Respondents/1 and 2 Plaintiffs
PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Learned District Munsif Court at Eraniel, Kanyakumari District, dispose the O.S.No.49 of 2022, within the time frame fixed.
For Petitioner : Mr.B.Michael Sebastin
ORDER
This civil revision petition has been filed to direct the Learned District Munsif Court at Eraniel, Kanyakumari District, dispose the O.S.No.49 of 2022, within the time frame fixed.
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C.R.P.(MD)No.2993 of 2024
2.The facts in brief:
Suit in O.S.No.29 of 2022 was filed by the respondent herein
against the revision petitioner seeking the relief of permanent injunction and for costs. The revision petitioner entered appearance and filed the written statement. The grievance of the revision petitioner is that in spite of filing the written statement and issues were also framed, the trial has been dragged on by the respondent herein. On that ground he wants a direction to the trial Court for speedy disposal.
3.Heard the learned counsel for the revision petitioner. Considering the facts and circumstances of the case, notice to the respondents is dispensed with and the matter is taken up for final hearing at the admission stage itself.
4.Even though the grievance has been expressed by the revision petitioner, stating that unnecessarily the matter has been dragging on by the respondent before the trial Court, this Court cannot issue any direction to the trial Court to dispose the matter in a time bound manner.
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C.R.P.(MD)No.2993 of 2024
Now as clarified by the Honourable Supreme Court, if at all the petitioner has any grievance, he can approach the trial Court itself seeking out of turn disposal. It is for the trial Court to consider the same on its own merits.
costs.
28.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
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C.R.P.(MD)No.2993 of 2024
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.2993 of 2024
28.11.2024
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1 issue framed by the court
Whether the High Court can issue a direction to the trial court to dispose of the suit within a time-bound manner based on the petitioner's grievance about delay?
1 provisions across 1 enactments
T.Sudhakar
D.David Kumar
T.Amul Raj
Haridhas
Sindhu
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
