Madras High CourtCRP/435/2020disposed of

A.Thenmozhi v. Jebely Eduard

2020-02-04Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN C.R.P.No.435 of 2020 A.Thenmozhi ..Petitioner/LRs of the 6th Plaintiff Vs.

1. Jebely Eduard

2. Jebely Saravane

3. Jebely Velayoudam

4. Jebely Fathima Nalini @ Jebely Fathima

5. Jebely Yamunabayee ..Respondents 1 to 5/Plaintiffs 1 to 5

6. Sundara Rajan

7. Sri Krishnasamy Reddiar Education Trust, Rep. by its Managing Trustee Dr.K.Rajendran, No.6, South Kavarai Street, Manjakuppam, Cuddalore.

8. Anandan (Died)

9. Anjali Devi .. Respondents 6 to 9/Defendants 1 to 4 Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking a direction to early disposal of I.A.No.158 of 2018 in O.S.No.4 of 2004 pending on the file of the learned I Additional District Judge, Cuddalore within a stipulated time.

For Petitioners : Mr.M.Sivavarthanan

O R D E R

Present revision has been filed seeking a direction to dispose of I.A.No.158 of 2018 in O.S.No.4 of 2004 pending on the file of the learned I Additional District Judge, Cuddalore within a time frame.

2. Considering the nature of order to be passed in the revision which will in no way cause any prejudice to the respondents, notice to the respondents is dispensed with. 1/2 https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner filed a cheque application to disburse the amount as per the decree passed pursuant to the orders of the Hon'ble Supreme Court in respect of O.S.No.4 of 2019. As per the orders of the Hon'ble Supreme Court, he is entitled to a sum of Rs.9,26,390/- and he has filed the present application to permit him to withdraw the said amount. The said application has been filed in the year 2018 and so far no orders have been passed and the matter is adjourned periodically without any reasons. Hence, the petitioner filed the present revision seeking an early disposal of the I.A. within a time frame.

4. Considering the limited scope of the prayer made in the revision, the learned I Additional District Judge, Cuddalore is directed to dispose of the I.A.No.158 of 2018 in O.S.No.4 of 2004, on merits and in accordance with law, after giving opportunity to both the parties, within a period of six weeks from the date of receipt of a copy of this order. The revision is disposed of with the above directions. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The I Additional District Judge, Cuddalore.

+1 cc to M/s.M.Sivavarthanan,Advocate Sr.No. 8449 AKM/06.02.2020/2P-3C / C.R.P.No.435 of 2020 2/2 https://hcservices.ecourts.gov.in/hcservices/