The Madras High Court disposed of a Civil Revision Petition under Article 226/227, directing a lower court to resolve a pending suit within four months, addressing delays despite objections about dragging litigation.
Direction to dispose of the pending suit in O.S.No.54 of 2015 within four months; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.79 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2025
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P(MD)No.79 of 2025
1.Meiyapan
2.Nagappan
... Petitioners
Vs.
Meiyapan (Died) ... Respondents
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C.R.P(MD)No.79 of 2025
PRAYER:
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to dispose of the O.S.No.54 of 2015 on the file of the District Munsif cum Judicial Magistrate, Thirumayam within the stipulated time fixed by this Court and consequently dismiss the said suit.
For Petitioners : Mr.S.Bageerathan
For R-1 to R-3 : Mr.B.Saravanan Additional Government Pleader
ORDER
This Civil Revision Petition has been filed seeking a direction to dispose of the case in O.S.No.54 of 2015 pending on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam within a time stipulated by this Court.
2. By consent of both the parties, this revision petition is taken up for final disposal.
3. According to the revision petitioners, the revision petitioners
filed a suit in O.S.No.54 of 2015 under Order VII, Rule 7 and under Section 151 of the Civil Procedure Code, 1908 for the permanent
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injunction restraining the defendants from interfering with the interference of peaceful possession of the petitioners before the District Munsif cum Judicial Magistrate, Thirumayam. Initially, the defendants were set ex parte and later, after five years, the second defendant filed a set aside petition against the ex parte order and additionally, the Covid-19 Pandemic became the added advantage for the defendants for their intentional delay. Despite the long pendency of the matter, the proceedings have been delayed due to multiple reasons. Hence, the present Civil Revision Petition is filed.
4. Mr.B.Saravanan, learned Additional Government Pleader
accepts notice for the official respondents. The learned Additional Government Pleader appearing for the official respondents submits that it is an attempt to drag on the litigation and therefore, raised objection to allow.
5. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned District Munsif cum Judicial
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C.R.P(MD)No.79 of 2025
possible.
Magistrate, Thirumayam, to dispose of the case as expeditiously as possible.
5. Accordingly, this Civil Revision Petition stands disposed of
with a direction to the learned District Munsif cum Judicial Magistrate, Thirumayam to dispose of the case in O.S.No.54 of 2015 pending on his file, within a period of four (4) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.
10.01.2025
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
The District Munsif cum Judicial Magistrate, Thirumayam.
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C.R.P(MD)No.79 of 2025
K.GOVINDARAJAN THILAKAVADI, J.
BTR
Order made in C.R.P(MD)No.79 of 2025
10.01.2025
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2 issues framed by the court
Whether to issue a direction to the lower court to dispose of the pending suit within a stipulated time frame in the interest of justice.
Whether to grant relief regarding costs in the Civil Revision Petition.
Meiyapan
Nagappan
1.The District Collector, Pudukottai
2.The Tahsildar, Thirumayam
3.The Assistant Commissioner, Land Reform, Tiruchirapalli
Pirakathampal
K.GOVINDARAJAN THILAKAVADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
