P.E.Mohana Velu Chetty v. P.E.Nanda Gopal

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No. 4823 of 2017 O R D E R:

1) The present Civil Revision Petition is filed by the plaintiff under Article 227 of the Constitution of India, seeking early disposal of I.A.No.44 of 2014 in O.S.No.275 of 2001 on the file of the Principal Senior Civil Judge, Chittoor 2) A perusal of the material placed before the Court would show that the plaintiff filed the above suit for partition of the Plaint A and B schedule property into four equal shares by metes and bunds and to allot one such share to the plaintiff. By its judgment dated 30.10.2014 the trial Court passed a preliminary decree. Since the defendants did not come forward for division of the property, the plaintiff filed I.A.No.44 of 2014 requesting the Court to pass a final decree in pursuance of preliminary decree dated 30.10.2014 passed in O.S.No.275 of 2001.

3) The grievance of the plaintiff appears to be that though the said I.A. came to be filed on 24.12.2014, till date no orders are passed by the trial Court. Hence, the present Civil Revision Petition is filed seeking a direction to the trial Court to dispose of the final decree petition (I.A.No.44 of 2014), at the earliest. 4) Having regard to the facts and circumstances of the case and since the suit is of the year 2001 and the I.A. is filed in the month of February, 2014, it would be appropriate if the said I.A. is disposed of as expeditiously as possible.

5) Accordingly, the Civil Revision Petition is disposed of and the Principal Senior Civil Judge, Chittoor, is directed to dispose of I.A.No.44 of 2014, in accordance with law, as early as possible. 6) As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed. There shall be no order as to costs. ____________________ C. PRAVEEN KUMAR, J 27.10.2017 gkv