Govindan @Govindasamy (Died) v. Thavamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 26.06.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD)No.1860 of 2018 Govindan @ Govindasamy (died) Ganesan ... Petitioner Vs.

1. Thavamani

2. Mallika

3. Minor Rajalakshmi represented by her mother and natural guardian Mallika 4.Ayyadurai Thevar

5. Jagannatha Thevar

6. Sivagamasundari

7. Vijaya

8. Azhagusundaram

9. Meenakshisundaram ... Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking for a direction from this Court to dispose of the suit in O.S.No.11 of 2005 pending on the file of the Subordinate Court, Nagapattinam.

For Petitioner : Mr.C.Prabakaran

ORDER

The civil revision petition has been filed seeking a direction from this Court for early disposal of the suit in O.S.No.11 of 2005 pending on the file of the Subordinate Court, Nagapattinam. The revision petitioner herein is 2nd plaintiff and respondents 1 to 3 are plaintiffs 3 to 5 in the Suit in O.S.No.11 of 2005 and respondents 4 to 9 are defendants.

The plaintiffs filed a suit for the relief of declaration of sale deed dated 05.05.2005 as null and void. The learned counsel for the revision petitioner would submit that the suit was filed in the year 2005 and trial was commenced and evidence was also closed and the matter was posted for arguments. The respondents 4 to 6/defendants dragging the proceedings by filing one another applications for various reasons. The trial Court also adjourning the matter without any valid reason. Hence the revision petitioner seeks direction for speedy disposal of the suit in O.S.No.11 of 2005, pending on the file of the Subordinate Court, Nagapattinam, since 2005.

Heard the learned counsel appearing for the revision

petitioner and perused the materials available on record. On a perusal of the records it reveal that the suit is of the year 2005 and there are several interlocutory applications are pending before the trial Court. The revision petitioner herein has not stated details of the interlocutory applications which are pending before the trial Court, which enables this Court to come to the conclusion, whether that applications are necessary for disposal of the suit or not. In the absence of the above details, this Court cannot give any direction to the trial Court for speedy disposal of the suit in O.S.No.11 of 2005.

Accordingly, the civil revision petition is dismissed at the admission stage itself. No costs.

26.06.2018 Internet: Yes/No Index: Yes/No Speaking order/Non-Speaking Order cgi To The Subordinate Judge, Nagapattinam.

P.VELMURUGAN, J., cgi C.R.P.(PD)No.1860 of 2018 26.06.2018