Madras High CourtCRP/1359/2015disposed of

Mr. Dhanasekaran v. Mrs. Kantha

2015-03-30Honourable Mr Justice K. Kalyanasundaram5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(PD) NO.1359 OF 2015 AND M.P.NO.1 OF 2015 Dhanasekaran ...

Petitioner Vs.

1.Kantha 2.Kumudha 3.Perumal 4.Elumalai 5.Saraswathi 6.Ebher Muralidharan 7.Annalammal 8.Kiresha 9.Ruban 10.Ranjit Kumar 11.Jebakumar 12.Loganathan 13.Jayalakshmi 14.Vasantha 15.Manoharan 16.Viviyan 17.Minor Reny Son of Late Raja Represented by 16th Respondent being Mother C/o. Mrs.Viviyan 18.Minor Joe Son of Late Raja Represented by 16th Respondent being Mother C/o. Mrs.Viviyan

19.Ananthi 20.Ramachandran 21.Kanakaraj 22.Chitra 23.Subhatra 24.Lakshmi 25.Munusamy 26.Santhalingam 27.Indira 28.Arumugam 29.Srinivasan 30.Lalitha P.Dhanapushnam - Died 31.Subramanian ...

Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India with a prayer to direct the Lower Court to dispose of I.A.No.13 of 2015 in O.S.No.82 of 2014 pending before the District and Sessions Judge No.II at Kanchipuram.

For Petitioner :

Mr.B.Kumar Senior Counsel for Mr.V.K.R.Balakrishnan

O R D E R

This Civil Revision Petition is filed praying for a direction to the learned District and Sessions Judge No.II, Kanchipuram to dispose of I.A.No.13 of 2015 in O.S.No.82 of 2014 in a time frame.

2.Shri. B.Kumar, learned Senior Counsel for the petitioner / 9th defendant submitted that the respondents 1 to 6 herein / plaintiffs have

instituted the suit in O.S.No.82 of 2014 for declaration of the family arrangement deed dated 22.06.1959, release deed dated 08.04.1987 and the sale deed dated 03.05.1993 as null and void after a lapse of 50 years and they have also filed applications in I.A.No.419 of 2014 seeking interim injunction restraining the defendants/ respondents 7 to 31 herein from alienating or encumbering the property and I.A.No.25 of 2015 for temporary injunction restraining the defendants from putting up construction in item no.IV of the suit property.

3.The learned Senior Counsel further submitted that the plaintiffs have no cause of action to file the suit against the defendants and therefore, an application in I.A.No.13 of 2015 was filed to reject the plaint. However, the application is being adjourned without any justifiable reason, which causes mental agony and hardship to the petitioner.

4.Considering the facts of the case and the submissions of the learned Senior Counsel for the petitioner, the learned District and Sessions Judge No.II, Kanchipuram is directed to dispose of I.A.No.13 of 2015 in O.S.No.82 of 2014, on merits and in accordance with law, as expeditiously as possible, preferably on or before 31.07.2015.

5.This Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 30.03.2015 Index : Yes/No Internet : Yes/No TK To The District and Sessions Judge No.II Kanchipuram.

K.KALYANASUNDARAM, J.

TK C.R.P.(PD) NO.1359 OF 2015 30.03.2015