Sarawathi v. J.Latha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2017 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(PD) NO.2567 OF 2017 Saraswathi ...

Petitioner Vs.

1.J.Latha 2.Minor R.J.Subahini 3.A.Mahalingam 4.M.Radha Mani 5.M/s.Sivabharathi Tex Represented by its Partner Mr.Eswaramoorthy Old No.14/10, Vallankurichi Road, Kalapatty Mill, Coimbatore - 641 048.

6.Varadharajan 7.Vellingiri 8.Shanthanakumar 9.Hemaphil Society Coimbatore Chapter Door No.29/1, J.P.R. Complex, Chitra Road, H.D.F.C. Bank (Opp) Kalapatty, Coimbatore - 641 048.

...

Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to fix a time limit to expedite the suit in O.S.No.410/2012 pending on the file of IV Additional / Second Fast Track Judge, Coimbatore, to dispose of the suit in accordance with law. For Petitioner :

Mr.M.Velmurugan

O R D E R

This Civil Revision Petition is filed for a direction to dispose of the suit in O.S.No.410 of 2012 on the file of IV Additional / Second Fast Track Court, Coimbatore at the earliest.

2.The plaintiffs / respondent nos.1 and 2 herein, have filed a suit for maintenance, partition and for consequential injunction. Even though the written statement was filed as early as on 08.08.2012, the matter is pending on the file of the Trial Court, without any progress. From the perusal of the docket entries, it is seen that the matter is being adjourned due to the pendency of interlocutory application from 22.11.2016. As of today, it is posted to 03.08.2017.

3. The learned counsel for the petitioner would submit that the petitioner / first defendant is aged about 69 years and respondent nos.1 and 2 / plaintiffs are deliberately protracting the proceedings.

4. Considering the facts and circumstances of the case and the long pendency of the suit, this Court is inclined to direct the Trial Court to dispose of both the Interlocutory Application as well as the suit as expeditiously as possible. Accordingly, the learned IV Additional / Second Fast Track Judge, Coimbatore, is directed to dispose of both the Interlocutory Application as well as O.S.No.410 of 2012, as expeditiously as possible and in any event, not later than a period of six months, from the date of receipt of a copy of this order.

5. The Civil Revision Petition is disposed of with the above observation and direction. No costs.

08.08.2017 Index : Yes/No Internet : Yes/No TK

M.GOVINDARAJ, J.

TK To The IV Additional / Second Fast Track Judge Coimbatore.

C.R.P (PD) NO.2567 OF 2017 08.08.2017