1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P(PD)(MD)No.328 of 2011 and M.P(MD)NO.1 of 2011 A.Arivuchandran .. Petitioner -vs- 1.A.Arivalagan 2.S.Bennet 3.Housing Development Finance Corporation Limited, 2nd Floor, ITC Center, 760, Anna Salai, Chennai - 600 002. .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Ist Additional District Judge, Madurai to dispose of the I.A.No.484 of 2010 in O.S.No.194 of 2010 within a time frame fixed by this Court. For Petitioner : Mr.K.Balasundaram ORDER The plaintiff is the petitioner before this Court. He has filed a suit, seeking certain relief's. In the said suit, the plaintiff has taken out an application in I.A.No.484 of 2010 seeking appointment of an Advocate Commissioner and the said application is pending without disposal, in spite of the fact, the respondents herein filed a counter in the said application on 25.01.2011. The first defendant filed a written statement on 04.02.2011 and the third defendant filed a written statement on 15.02.2011 and the said written statement was stated to be adopted by the second defendant. The matter is posted for trial on 21.03.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The only grievance expressed by the petitioner is that without disposal of the application for appointment of an Advocate Commissioner, the trial Court is trying to took up the trial of the main suit itself. 3.It is seen in the application, counter was also filed by the respondents. When the application is pending, it is required to be disposed and the trial Court cannot post the matter for trial without disposal of the Interlocutory Application. Therefore, the trial Court is directed to dispose of the I.A.No.484 of 2010 in O.S.No.194 of 2010 on or before end of April and thereafter it can proceed with the trial and dispose of the suit as early as possible. No prejudice is caused to the respondents by directing the trial Court to dispose of the Interlocutory Application only after hearing the respondents. 4.With the above direction, the Civil Revision Petition is disposed of. Consequently, connected miscellaneous petition is also closed. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To The Ist Additional District Judge, Madurai. Copy to:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai +One Cc to Mr.K.Balasundharam, Advocate, SR.No.6877 ps rl/4c – 8.4.2011 C.R.P(PD)(MD)No.328 of 2011 17.03.2011 https://hcservices.ecourts.gov.in/hcservices/