Madras High CourtCRP/330/2024disposed of

Manimegalai v. Deivanaiammal

2024-02-06Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Mrs.Manimegalai ... Petitioner Vs.

1.Mrs.Deivanaiammal 2.Mrs.Kamalam 3.Mrs.Muthulakshmi 4.Mr.Murugesan 5.Mrs.Thangamani ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct to dispose OS.No.468 of 2016 on the file of V Additional District Judge, Coimbatore, within time frame. For Petitioner : Mr.K.Sudhakar

O R D E R

The civil revision petition is filed for a direction to dispose OS.No.468 of 2016 on the file of V Additional District Judge, Coimbatore, within time frame.

2. The petitioner is the third plaintiff in OS No.468 of 2016 on the file of V Additional District Judge, Coimbatore. The petitioner/third plaintiff along with three other plaintiffs had filed the suit for partition. After trial, the case was reserved for judgment on 12.01.2023 and thereafter, the case was repeatedly adjourned for reopening without any reason. Hence, the petitioner has filed the present civil revision petition for a direction to Trial Court to dispose of the said suit within time frame.

3. Learned counsel for the petitioner submits that the case was repeatedly posted for reopen after reserving it for judgment. Hence, seeks for a direction to dispose of the original suit as expeditiously as possible.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. On a perusal of the court proceedings, it is noticed that the case had been reserved for judgment on 12.01.2023 and posted for judgment on 19.01.2023. Thereafter, posted on 03.02.2023 and 15.02.2023 for judgment. Again the case was posted on 10.03.2023, 10.04.2023, 07.06.2023, 26.06.2023, 18.08.2023, 14.11.2023 and 14.12.2023 for reopen. Thereafter, on 19.12.2023, the case was once again posted for judgment. Again the case was posted on 24.01.2024 for reopen. It is noticed that there is no reason assigned for reopening the case after posting it for judgment.

6. Considering the proceedings of the court, this court is of the view that the case was unnecessarily adjourned without any reason. Hence, the Trial Court is hereby directed to dispose of O.S.No.468 of 2016, within a period of two weeks from the date of receipt of a copy of this order.

7. With the above directions, the civil revision petition stands disposed of. There will be no order as to costs.

06.02.2024 Index: Yes/No Internet: Yes/No mrn Note:Issue order copy by 16.02.2024

To The V Additional District Judge, Coimbatore,

V.SIVAGNANAM , J.

(mrn) 06.02.2024