Madras High CourtCRP/864/2020disposed of

Nithiya Kalyani v. Pichandi

2020-02-28Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN C.R.P.PD 864 of 2020 Nithiya Kalyani ... Petitioner

Versus

1. Pichandi

2. Suseela

3. Indumathi

4. Babu

5. Minor Hariharan, rep. by his mother and natural guardian Suseela

6. Sampath

7. Moorthi

8. Shanmugam

9. Goutham chand ... Respondents PRAYER :Civil Revision Petition is filed under Art. 227 of Constitution of India, praying to pass an order directing the Subordinate Court, Gudiyatham, Vellore to expedite the trial proceedings and dispose of the suit in O.S. 44 of 2011 within a time frame as this Hon'ble Court may deem fit. 1/4

For Petitioner : Mr.VMG. Ramakkannan

O R D E R

This Civil Revision Petition has been filed seeking a direction to dispose the suit in O.S. 44 of 2011, pending on the file of Sub-Court, Gudiyatham.

2. Considering the nature of order going to be passed in this Civil Revision Petition, which would cause no prejudice to the respondents, notice to the respondents are dispensed with.

3. Mr.VMG. Ramakkannan, learned counsel appearing for petitioner would submit that, the petitioner is a plaintiff, and she has filed a suit for partition. The suit was filed in the year 2011. Earlier, this Court by an order dated 15.12.2017 in C.R.P. 4636 of 2017, directed the trial court to dispose the suit as expeditiously as possible. But, so far, the trial was not commenced. Hence, the petitioner has filed this Civil Revision Petition seeking to dispose the Suit.

4. I have considered the submissions made by learned counsel appearing for petitioner and perused the records 2/4

carefully.

5. Considering the limited prayer sought in this Civil Revision Petition, without going into the merits of the case, the learned Sub-Court, Gudiyatham is directed to dispose the suit in O.S. 44 of 2011 within a period of six months from the date of receipt of the copy of this order.

6. With the above direction, this Civil Revision Petition stands disposed of. No costs.

28.02.2020 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To Sub-Judge, Gudiyatham.

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V.BHARATHIDASAN,J.

rpp 28.02.2020 4/4