Soundaran v. Ramathal Chinnammal (Died) 1. Lakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2024

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN 1.Soundaran 2.Amudha 3.S.Vasanthi ... Petitioners / Defendants 10,12 & 30 Vs 1.Lakshmi 2.Saraswathy 3.D.Manickam 4.S.Maragatham 5.P.Vallinayagam 6.P.Amirtham 7.T.Aravindhacholan 8.K.Vellingiri 9.Ranganathan 10.R.Rajamani 11.Dhanraj 12.Jayamani 13.Karrunnan 14.Padmavathy 15.Kalavathy 16.Nesamani 17.Nanjammal 18.Nirmala 1/5

19.Chitra 20.Manickam 21.Kavitha 22.Bhuvana 23.Suguna 24.Vasanthakumar 25.Minor V.N.Karthikeyan 26.Minor V.Suruthi 27.Ravindraraj 28.The Commissioner of Corporation Coimbatore 29.Mallika 30.Uma 31.Kayalvizhi 32.Raghupal 33.S.Divya ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the learned III Additional Subordinate Judge, Coimbatore to dispose of the O.S.No.173 of 2012 pending before the III Additional Subordinate Judge, Coimbatore, within a reasonable time frame. For Petitioners : Mr.K.Selvakumar

ORDER

This revision is filed to direct the learned IIII Additional Sub Judge, Coimbatore to expedite the disposal of the suit for partition in O.S.No.173 of 2/5

2012. The suit was originally presented as O.S.No.896 of 2004 on the file of III Additional District Judge, Coimbatore, which later came to be transferred to Sub Court, Coimbatore and renumbered as O.S.No.173 of 2012. The revision petitioners are the defendants 10, 12 and 30 in the suit.

2. A perusal of the proceedings before the learned Subordinate Judge makes it clear that the trial was opened on 01.10.2019, and thereafter, the matter has been repeatedly adjourned for service of summons on defendants 26 to 29. In 2021, the cross-examination of P.W.1 commenced, and thereafter for reasons assigned in the order, it has been adjourned repeatedly. The parties have been litigating before the Court for the past two decades and are yet to know where their rights lie.

3. In the light of above situation, a direction is given to the learned III Additional Subordinate Judge, Coimbatore to expedite the hearing in O.S.No.173/2012 pending on his file, and to dispose of the suit within a period of nine (9) months from the date of receipt of a copy of this order. 3/5

4. The revision petition is disposed of with the above direction. No costs.

10.04.2024 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order ds To 1.The III Additional Sub Judge Coimbatore.

2.The Section Officer VR Section, High Court, Madras.

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V.LAKSHMINARAYANAN,J.

ds 10.04.2024 5/5