J. Pushparani v. Lilly

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ CRP (PD) NO.2643 of 2017 J.Pushparani ... Petitioner versus 1.Lilly

2. Gloria Hariet

3. Wilfred Joseph

4. Edward Joseph Manuel

5. Jasmine

6. A.Kennet Thomas

7. A.Pretricia

8. Premila Kumar

9. Josephine Vasantha

10. Philomen C.J.Harry

11. Mary Benigna

12. Irudyaraj

13. Mary Margaret Suganthi

14. Miss Mary Nirmala

15. Pauline Manuel

16. Malathi

17. V.M.Natarajan

18. Tamil Nadu Government Servants Co-operative Building Society Ltd., Rep by its Special Officer, XNC 747, rep by its Special Officer, having his office at Office of Commissioner of Fisheries, II Floor, Chennai-600 006.

19. K.Chokkalinga Pillai

20. T.Muthukumar

21. G.Kalamalini

22. Nandakumar

23. S.Arumugham

24. M.S.Kalaimani

25. M.Vivekanandan

26. T.Nagakumar

27. N.Krishnan

28. S.Jeyanthi

29. T.Shanthi

30. T.Umadevi

31. Saravanakumar Rajaram ... Respondents PRAYER: Civil Revision Petition has filed under Section 227 of the Constitution of India, to direct and to expedite the proceedings in I.A.No. 87 of 2015 in O.S.No. 498 of 2004 pending on the file of the Additional District Judge, Chengalpattu.

For Petitioner : Mr.D.Louthu Paul Belson For Respondents : No appearance

O R D E R

Aggrieved over the long pendency of the case, the second defendant has filed the above petition. In the suit for partition a preliminary decree was passed on 14.08.2014. Thereafter, the parties have taken steps for appointment of Advocate Commissioner to divide the suit properties by metes and bounds. The respondents in I.A No. 87 of 2015 have made an endorsement "no objection". Inspite of the same, the Advocate Commissioner was not appointed. In the mean while it

appears that one of the parties died and I.A No. 87 of 2015 for impleading of legal heirs was filed on 21.05.2015 and it continues in the same stage till date. The parties have no objection for dividing the properties amicably to get their shares.

2. The petitioner is 82 years old, therefore, they seek for earlier disposal of the case pending before the Trial Court.

3. Considering the facts and circumstance of the case, we consider it is as fit case for issuance of a direction to dispose of the suit proceedings at the earliest. Accordingly, the direction is issued to the Additional District Judge, Chengalpattu to dispose of I.A No. 87 of 2015 in O.S.No. 498 of 2004 within the period of three months, from the date of receipt of a copy of this order.

4. With above direction, the Civil Revision Petition is disposed of.

03.08.2017 Index : Yes/No

Internet : Yes/No bsm/raja To The Additional District Judge, Chengalpattu

M.GOVINDARAJ, J.

bsm/raja CRP (PD) NO.2643 of 2017 03.08.2017