Moorthy v. Balamuthu (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR C.R.P. (NPD) No.2250 of 2017

1. Moorthy

2. Duraimurugan .. Petitioners Vs

1. Thamayanthi

2. Neduchezian

3. Arivalagan

4. Kolanjinathan

5. Kanmani

6. Devi .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to issue necessary directions to Subordinate Court at Chidambaram to dispose the First Appeal in A.S. No. 35 of 2016 in accordance with law on earlier date.

For Petitioner : Mr. A. Prabhakaran

O R D E R

This revision petition is filed praying to direct the Subordinate Court at Chidambaram to dispose the First Appeal in A.S. No. 35 of 2016 in accordance with law, at an early date.

2. The learned counsel for the petitioners would submit that the respondents have filed a suit in O.S. No 95 of 2006 for the relief of permanent injunction. The petitioners/ defendants filed their written statement and the suit was dismissed by the trial court by decree and judgement dated 20.04.2015. Hence, the respondents herein filed appeal in A.S. No. 35 of 2016 and the same is being adjourned from time to time. According to the petitioners, there is no application pending before the Appellate Court and hence there is no impediment to dispose of the appeal suit.

3. Considering the above submission of the learned counsel for the petitioners and the fact that the suit is of the year 2006, this Court is inclined to direct the Appellate Court to dispose of the A.S.

No.35 of 2016, as expeditiously as possible. The Civil Revision Petition is disposed of, accordingly. No costs.

15.12.2017 Index : Yes/ No Speaking order/ Non speaking order avr To The Subordinate Court Chidambaram.

D. KRISHNAKUMAR J., avr C.R.P. (PD) No. 2250 of 2017 15.12.2017