Malar Vs P.Manoharan — Writ and Judicial Review | Madras HC (2025)

Malar Vs P.Manoharan — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the trial Court to secure the Advocate Commissioner's report and plan within four weeks (failing which to appoint another Commissioner) and to dispose of O.S.No.174 of 2022 on merits and in accordance with law on or before 31.01.2026; Civil Revision Petition disposed of with no costs.

Issue for consideration

Whether the trial Court should be directed, in exercise of supervisory jurisdiction under Article 227, to dispose of O.S.No.174 of 2022 within a time frame fixed by this Court, the suit having been adjourned for about 1 and 1/2 years awaiting the Advocate Commissioner's report and plan.

Court's answer

The trial Court is directed to instruct the Advocate Commissioner to file his report and plan within four weeks from the date of receipt of a copy of the order; otherwise, the trial Court may appoint some other Advocate Commissioner to file his report and plan.

Ratio / Principle

On receipt of the Advocate Commissioner's report and plan, the trial Court is directed to dispose of O.S.No.174 of 2022 on merits and in accordance with law on or before 31.01.2026.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), R. Vijayakumar J. — The plaintiffs in O.S.No.174 of 2022 (suit for declaration of title and recovery of possession) on the file of the District Munsif, Thiruvaiyaru, filed a Civil Revision Petition under Article 227 of the Constitution of India seeking expeditious disposal of the suit. The suit had been adjourned for the past 1 and 1/2 years awaiting the report and plan of an Advocate Commissioner appointed pursuant to I.A.No.463 of 2022, allowed on 20.06.2023, and the trial had not begun. Held: the trial Court was directed to instruct the Advocate Commissioner to file his report and plan within four weeks from receipt of a copy of the order, failing which the trial Court may appoint some other Advocate Commissioner; and on receipt of the report and plan, to dispose of the suit on merits and in accordance with law on or before 31.01.2026. Petition disposed of; no costs.

C.R.P.(PD)(MD)No.771 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13.03.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

C.R.P.(PD)(MD)No.771 of 2025

1.Malar 2.Pavithra 3.Lavanya ...Petitioners/Plaintiffs

Vs.

1.P.Manoharan 2.Selvarani ...Respondents/Defendants

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to pass an order thereby, directing the trial Court to dispose of the suit in O.S.No.174 of 2022 on the file of District Munsif, Thiruvaiyaru, within a time frame to be fixed by this Court.

For Petitioners : Mr.U.Uma Maheswaran

ORDER

The plaintiffs in O.S.No.174 of 2022, on the file of the District Munsif

Court, Thiruvaiyaru, have filed the present revision petition, seeking expeditious disposal of the said suit.

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

1/4

C.R.P.(PD)(MD)No.771 of 2025

2.A perusal of the records reveal that the suit had been filed for the relief

of declaration of title and for recovery of possession.

3.Pending suit, I.A.No.463 of 2022, was filed by the plaintiffs for appointment of Advocate Commissioner. The said application was allowed by the Court on 20.06.2023. The suit is being adjourned for the past 1 and 1/2 years for filing of Advocate Commissioner's report and plan. In such circumstances, the present revision petition has been filed for seeking expeditious disposal of the suit. So far, the trial has not begun and it is being adjourned awaiting Commissioner's report and plan.

4.The trial Court is directed to instruct the Advocate Commissioner to file his report and plan within a period of four weeks from the date of receipt of a copy of this order. Otherwise, the trial Court may appoint some other Advocate Commissioner to file his report and plan. On receipt of the report and plan, the trial Court is directed to dispose of the suit on merits and in accordance with law on or before 31.01.2026.

5.With the above said observations, this Civil Revision Petition stands disposed of. No costs.

13.03.2025

Internet:Yes/No Index:Yes/No https://www.mhc.tn.gov.in/judis RJR

2/4

C.R.P.(PD)(MD)No.771 of 2025

To

The learned District Munsif, Thiruvaiyaru.

Copy to:-

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

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

3/4

C.R.P.(PD)(MD)No.771 of 2025

R.VIJAYAKUMAR, J.

RJR

C.R.P.(PD)(MD)No.771 of 2025

13.03.2025

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

4/4