Krishnan v. Balachandar

ORDER Heard Mr. P.T.Ramesh Raja, Learned Counsel for the Petitioners amd Mr. C.Mayilvahana Rajendran, Learned Counsel for the Respondent and perused the materials placed on record, apart from the pleading of the parties.

¶2This Civil Revision Petition under Article 227 of the Constitution of India has been filed to expedite the disposal in O.S. No. 168 of 2018 on the file of the District Munsif Court, Tiruchendur (hereinafter referred to as 'the Trial Court' for short).

¶3This Court, during earlier hearing on 29.04.2024, had passed the following order:- "2. The District Munsif Court, Tiruchendur shall send a report as to whether there is any impediment for conducting further proceedings in O.S. No. 168 of 2018 and if so, explain the reasons for the same, before the next hearing."

¶4In furtherance to the said order, the Trial Court has sent a report dated 13.05.2024, which reads as follows:- "I am humbly submit that the Hon'ble Madurai Bench of Madras High court, Madurai has directed to report the stage of OS.No.168 of 2018 on the file of District Munsif Court of Tiruchendur for the reference in CRP(MD). No. 1112 of 2024 on the file of the Madurai Bench of Madras High Court, Madurai. I further humbly submit to report that OS.No. 168 of 2018 on the file of District Munsif Court of Tiruchendur was taken on file on 25.10.2018 and petition under Order 39 Rule 1 CPC was numbered as I.A.No.631 of 2018 and posted for notice to respondent to 13.11.2018.

13.11.2018 was declared as Local Holiday, hence I.A.No. 631 of 2018 was posted to 17.11.2018. On 17.11.2018 Advocate Mr. R.Santhana Selvam filed vakalath for R1 and Advocate Mr. S.D.Shunmuga Jegan filed vakalath for R2 and R3 and posted for counter. D1 filed written statement on 21.03.2019, D2, D3 filed written statement on 13.12.2019, Issues framed on 22.12.2020 and posted for Trial. On 09.03.2021 at the request of Plaintiff counsel as the main case itself ripe for Trial, this I.A may be closed. Hence IA.No.631 of 2018 was closed at the stage of Counter, with liberty to the petitioner reopen if necessary. On 23.09.2022 Plaintiff present and turned as PW1 Exhibit A1 to A4 marked and posted for Chief continuation. On 22.08.2023 PW1 present Exhibit A5 and A6 marked and posted for Cross examination. On

13.10.2023 Order 1 Rule 10(2) CPC petition filed by 3rd party/petitioner and the same was numbered as I.A.No.6 of 2023, R2 to R4 filed Counter on 22.04.2024 in I.A.No. 6 of 2023 and posted for Counter of R1 to 20.06.2024 and I.A.No.6 of 2023 is pending." Having regard to the contents of the said report viz-a-viz, the Trial Court shall conclude the trial in O.S.No.168 of 2018 on its file, as expeditiously as possible. In the result, the Civil Revision Petition is disposed on the aforesaid terms. No costs.

21.01.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu To

1.The District Munsif Court, Tiruchendur.

2.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

N.SENTHILKUMAR, J. Indu C.R.P. (MD) No.1112 of 2024

21.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR 1.Krishnan 2.Sugachini 3.Saravana Kumar ... Petitioners Vs. Balachander ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, directing the learned District Munsif Court, Tiruchendur, to dispose of the suit in O.S.No.168 of 2018 pending on the file of the District Munsif Court, Tiruchendur as expeditiously as possible. For Petitioners : Mr.P.T.Ramesh Raja For Respondent : Mr.C.Mayilvahana Rajendran