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Madras High CourtCRP/578/2024allowed

Sridharan v. Rajeswari

2024-03-06Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 06.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.578 of 2024 Sridharan ... Petitioner Vs.

1. Rajeswari

2. Chandiran

3. Vediyappan ... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Subordinate Judge, Palacode to dispose of the case in O.S.No.123/2019, within a time frame, as fixed by this court. For Petitioner : Mr.M.Vignesh

ORDER

This Civil Revision Petition has been filed to direct the learned Subordinate Judge, Palacode to dispose of the case in O.S.No.123/2019, within a time frame, as fixed by this court.

2. The petitioner herein is the third defendant and the first respondent herein is the plaintiff in the above said suit, which was filed for partition of the suit property. The status of the case shows that, though it was posted for

trial, inview of the pendency of interlocutory application, trial not yet commenced. According to the petitioner, the plaintiff is dragging the matter, by way if filing application and hence this petition has been filed.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the cases in the above Court is 720.

5. Considering the pendency of the cases and also taking note of the fact that the above case is pending from the yer 2019, the learned Subordinate Judge, Palacode is directed to dispose of the suit in O.S.No.123/2019, within eight months from the date of receipt of a copy of this order.

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

06.03.2024 Index:Yes/No Internet:Yes/No mst To The Subordinate Judge, Palacode.

V.SIVAGNANAM , J.

mst CRP No.578 of 2024 06.03.2024