Periyasamy vs Arumugam alias Addaikkalam and Others

C.S. Karnan, J.—This petition has been filed by the Petitioner to direct the District Munsif at Manapparai, Tiruchirappali District to dispose of the O.S. No. 87 of 2004 within a period that may be stipulated by this Court.

The short facts of the case is as follows:

(i) The revision Petitioner/Plaintiff has filed a civil suit in O.S. No. 87 of 2004 against the Respondents/Defendants on the file of District Munsif at Manapparai, Tiruchirappalli District for declaration that the Plaintiff is the exclusive and absolute owner of the suit property and consequential injunction restraining the Defendants, their men, agents and all persons claiming through or under them from interfering with the Plaintiff''s peaceful possession and enjoyment of the suit property, and other reliefs.

(ii) After filing the suit, the summons were duly served on the Respondents/Defendants. The matter is being adjourned from time to time. Hence, the revision Petitioner has filed the above revision to dispose of the suit in O.S. No. 87 of 2004 within the stipulated period.

The Learned Counsel for the revision Petitioner submitted that originally, the suit was filed before the I Additional Subordinate Court at Trichy as O.S. No. 659 of 2000. The Defendants had also filed written statements. Thereafter, the suit has been transferred to District Munsif Court at Manapparai and the same has been renumbered as O.S. No. 87 of 2004 on 15.04.2004. Subsequently, there has not been any progress in the suit proceedings for adjudication. The Petitioner is a senior citizen and he is bedridden and undergoing medical treatment. The Learned Counsel further submitted that the case is being adjourned from time to time without any reason. About 10 years have lapsed since the case was filed. The Learned Counsel further submitted that speedy trial is a constitutional right. Hence, he has prayed for speedy disposal.

this Court already ordered notice to the Respondents. The Learned Counsel for the Petitioner has submitted proof of service for the summons being served.

In view of the facts and circumstances of the case and on submissions of the Learned Counsel for the Petitioner, this Court is of the considered opinion that the suit in O.S. No. 87 of 2004 has to be tried as expeditiously as possible, and within a period of three months from the date of receipt of this order. The court further directs the learned District Munsif, Manapparai to give topmost priority for disposing this case, since the Petitioner is a senior citizen and as the case had originally been filed in the year 2000.

In the result, the above civil revision petition is disposed of with the above observations. Accordingly ordered. There is No. order as to costs.