R. Ashok Kumar Vs R. Suresh

R. Ashok Kumar vs R. Suresh

Type Court Judgment Court Chennai Decided Jun 29, 2026

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https://sooperkanoon.com/case/1657437

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Citation: sooperkanoon.com/1657437
Court: Chennai High Court
Judge: Honourable Mr Justice S. Sounthar
Decided On: Jun 29, 2026
Case Number: CRP(MD)/1643/2026

Parties & Advocates

Appellant / Petitioner

R. Ashok Kumar

Respondent

R. Suresh

Excerpt

.....of o.s. no. 493 of 2023.2.the petitioners have filed the suit seeking declaration of title and recovery of possession against the respondents. it is seen from the records that the first defendant is contesting the suit and has filed the written statement as early as on 03.01.2025. however, the second defendant, being a formal party, has not filed a written statement till date, despite several adjournments.3.it is further seen from the plaint that the relief of declaration of title and recovery of possession is sought only against the first defendant, and no substantive relief is claimed against the second defendant, who is only a formal party.4.in view of the fact that the written statement of the contesting defendant has already been filed and no relief is sought against the second defendant, the learned subordinate judge, uthamapalayam, is directed to consider the same and take appropriate steps for early disposal of the suit. insofar as the second defendant, being a formal party, the trial court shall fix a time frame for filing written statement. if no written statement is filed, then the trial court is at liberty to proceed with the case in accordance with law. in view of the same, the trial court is directed to dispose of the suit in o.s.no.493 of 2023 as expeditiously as possible.5.with the above direction, this civil revision petition stands disposed of. no costs. index :yes / no internet :yes / no ncc :yes / no skn to 1.the sub court, uthamapalayam. 2.the section officer, vr section, madurai bench of madras high court, madurai.s.sounthar, j.skn

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2026

CORAM

THE HON'BLE MR. JUSTICE S.SOUNTHAR

1.R.Ashok Kumar 2.Mangalambigai .. Petitioners Vs. 1.R.Suresh 2.The Commissioner, Municipal Office Chinnamanur. .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Sub Court, Uthamapalayam, for disposing the suit in O.S.No.493 of 2023 within the time frame that may be stipulated by this court.

For Petitioners : Mr.A.Karthick *****

ORDER

This Civil Revision Petition has been filed seeking a direction for expeditious disposal of O.S. No. 493 of 2023.

2.The petitioners have filed the suit seeking declaration of title and recovery of possession against the respondents. It is seen from the records that the first defendant is contesting the suit and has filed the written statement as early as on 03.01.2025. However, the second defendant, being a formal party, has not filed a written statement till date, despite several adjournments.

3.It is further seen from the plaint that the relief of declaration of title and recovery of possession is sought only against the first defendant, and no substantive relief is claimed against the second defendant, who is only a formal party.

4.In view of the fact that the written statement of the contesting defendant has already been filed and no relief is sought against the second defendant, the learned Subordinate Judge, Uthamapalayam, is directed to consider the same and take appropriate steps for early disposal of the suit. Insofar as the second defendant, being a formal party, the trial Court shall fix a time frame for filing written statement. If no written statement is filed, then the trial Court is at liberty to proceed with the case in accordance with law. In view of the same, the trial Court is directed to dispose of the suit in O.S.No.493 of 2023 as expeditiously as possible.

5.With the above direction, this Civil Revision Petition stands disposed of. No costs. Index :Yes / No Internet :Yes / No NCC :Yes / No skn To 1.The Sub Court, Uthamapalayam. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

S.SOUNTHAR, J.

skn

Same Court & Year Chennai · 2026 Same Parties R. Ashok Kumar vs R. Suresh Same Judge Honourable Mr Justice S. Sounthar