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2014 DIGILAW 3357 (MAD)

K. Gopinathan Nair v. V. K. Mathusoodhanan

2014-09-16

K.KALYANASUNDARAM

body2014
Order: 1. Both the Civil Revision Petitions are filed for direction to dispose of the suits in O.S.Nos.5 of 2012 and 120 of 2012, on the file of the District Judge, Nagercoil, within a time frame. 2. The petitioner is the plaintiff in O.S.No.120 of 2012. He filed the suit for recovery of possession and for other consequential relives and he is the defendant in O.S.No.5 of 2012 on the file of the District Court, Nagercoil. The suit O.S.No.5 of 2012 was filed by the 2nd respondent in CRP(PD)(MD)No.1949 of 2014 as plaintiff for specific performance. In the suit O.S.No.120 of 2012, issues were framed on 09.03.2011 and the trial also commenced on 16.06.2011. 3. It is seen from the records that originally the suit O.S.No.120 of 2012 was pending before the Principal District Munsif, Padmanaphapuram and on the application filed by the respondents, the suit was transferred to District Court, Nagercoil. After transfer of the suit O.S.No.219 of 2010, it was numbered as O.S.No.120 of 2012, on 15.11.2012 since then the suit was being adjourned for trial. The suit O.S.No.5 of 2012 is posted for framing issues. 4. The learned counsel appearing for the petitioner submitted that the petitioner is a senior citizen and he is also suffering from old age diseases. It is further submitted that even though, the trial has commenced on 16.06.2011, but subsequently for the past 3-1/2 years, there is no progress in the suit, which caused undue hardship to the petitioner. 5. The learned counsel for the petitioner further submitted that both the suits are tried together and common evidence have to be recorded. 6. Since, the scope of the revisions is limited for issuance of a direction for early disposal of the suits, notice to the respondents is not necessary. 7. It is seen from the records that the petitioner is a senior citizen, instituted the suit in the year 2010. The trial in the suit commenced even in June 2011 and O.S.No.5 of 2012, the suit is posted for framing issues. 8. In view of the above facts and circumstances of the case, this court is inclined to issue a direction to the learned District Judge, Nagercoil, to dispose of the suits viz., O.S.No.120 of 2012 and 5 of 2012 as expeditiously as possible preferable on or before 30.04.2015. 9. Accordingly, the civil revision petitions are disposed of. No costs.