1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P.(PD)(MD)No.1214 of 2011 1.K.Sankaralingam ..Petitioners 2.P.Krishnan -vs- Tirunelveli Thowheed Trust Rep. by its trustee Sabir Mohammed Riyas Ghani Son of Dr.M.A.haneefa Door NO.12, Eighteenth Cross Street, Maharaja Nagar, Tirunelveli – 627 011. ..Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to expedite the suit in O.S.No.561 of 2006 on the file of the learned Principal District Munsif, Tirunelveli. For Petitioners : Mr.T.R.Jeyapalam O R D E R The plaintiff is before this Court seeking early disposal of the suit filed by them for permanent injunction. 2.Heard Mr.T.R.Jeyapalam, learned counsel for the petitioners. 3.The respondent already filed written statement in the year 2007 itself. Even though, the trial was opened much earlier, the suit is not disposed of. Therefore, the petitioners are before this Court seeking a direction for early disposal. The learned counsel for the petitioner also filed a memo stating that there is no further proceedings or appeal or miscellaneous petitions pending before the trial Court or any other Court. 4.A perusal of the 'B' diary extract would show that the P.W.1 was examined on 05.06.2009 and thereafter, his evidence was closed on 30.03.2010. On 06.04.2010, it was posted for defendant's side evidence. At that stage, the defendant filed application to recall P.W.2 for cross- examination and that was also allowed and again, it was posted for defendant's evidence on 28.07.10. From 28.07.2010 onwards, the matter is being adjourned time and again at the instance of the defendant for his evidence. Though R.W.1 was examined and the matter is posted for further evidence of respondent/defendant, defendant has been taking adjournments after adjournment. The aforesaid diary extract shows that the matter is https://hcservices.ecourts.gov.in/hcservices/ 2 being adjourned only at the instance of the defendant. Therefore, considering the fact that the trial was opened as early as on 05.06.2009, this Court directs the trial Court to dispose of the suit on or before 30.09.2011. With the above direction, the Civil Revision Petition is allowed. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal District Munsif, Tirunelveli. Skn GH : 07.07.2011 : 2p/2c C.R.P.(PD)(MD)No.1214 of 2011 01.07.2011 https://hcservices.ecourts.gov.in/hcservices/