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Madras High CourtCRP/240/2021disposed of

R.Gunasekar v. Mrs.Kasthuri At Kasthuri Bai

2021-02-17Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 17.02.2021

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. (PD) No.240 of 2021 1.R.Gunasekar 2.R.Manikam 3.R.Gopi

...Petitioners

Vs 1.Mrs.Kasthuri @ Kasthuri Bai 2.Mrs.K.Vadivambal 3.Mr.K.Baskaran 4.Mrs.Yasoda 5.Deehabai 6.S.Gnanambal 7.A.Manoharan 8.N.Marry 9.Vasudevan 10.K.Sankaran 11.J.Revathy 12.Sripriya 13.Velambigai 14.Palani

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned XX Additional City Civil Court at Chennai to disposes the suit in O.S.No.1593 of 2012 within a time frame.

For Petitioners : Mr.D.Senthil kumar

O R D E R

The limited prayer sought for in the present civil revision petition is for a direction to the trial Court to dispose of the suit within a limited time frame.

2. The learned counsel for the petitioner would submit that the trial Judge ought to have considered that on 13.03.2012 the first respondent herein filed a suit for declaration, partition and permanent injunction against the defendants, wherein the petitioners have been arrayed as the 13th to 15 the defendants. However, original suit is pending without any effective adjudication for the past 8 years. In the month of March 2014, https://hcservices.ecourts.gov.in/hcservices/

the petitioners filed written statement before the Court below and the said suit is pending for the commencement of trial.

3. On a perusal of the adjudication orders, it is seen that the written statement has already been filed and since the suit has been kept pending for commencement of trial from the year 2012, it would be appropriate to direct the learned XX Additional Judge, City Civil Court, Chennai to dispose off the suit in O.S.No.1593 of 2012, within a period of eight months from the date of receipt of copy of this order.

4. Accordingly, the Civil Revision Petition stands ordered. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sbn To The XX Additional City Civil Court, Chennai.

+1cc to Mr.D.Senthil Kumar, Advocate Sr.No.9372 C.R.P. (PD) No.240 of 2021 KV(CO) NR 19/04/2021 https://hcservices.ecourts.gov.in/hcservices/