R.V. Sathish Kumar v. C.R. Nagaraj (Deceased)1.Hemalatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN R.V.Sathish Kumar .. Petitioner vs C.R.Nagaraj(deceased) 1.Hemalatha 2.Kesavan Ruckmani Varadaraju(deceased) 3.R.V.Maheshkumar C.Rajalakshmi(Deceased) 4.Ashok Naidu 5.Vishnu Ashok .. Respondents Petition filed under Article 227 of the Constitution of India praying to issue a direction to dispose the final decree proceedings in I.A. No.551 of 2018 filed in original suit in O.S.No.185 of 1983 pending on the file of the learned III Additional Subordinate Judge, Coimbatore within a stipulated time by appointing an Advocate Commissioner jointly for both I.A.No.551 of 2018 and I.A. No.3 of 2023 as expeditiously as possible and conclude the same within a reasonable time.

For Petitioner :

Mr.N.Dheeraj Kumar

ORDER

The suit in O.S. No.185 of 1983 has been pending for the past four decades. Preliminary decree has been passed and to 1/3

convert that preliminary decree into executable decree, a final decree application has been taken out in I.A.No.551 of 2018. The said application has repeatedly been adjourned. Hence this revision.

2. Taking into consideration the fact that the preliminary decree was passed decades ago and the matter is still languishing at the stage of appointment of Advocate Commissioner, I am inclined to give a direction to the learned III Additional Subordinate Judge, Coimbatore to dispose of I.A. No.551 of 2018 and connected applications on or before 31.10.2024 and submit a report to this Court.

3. With the above direction, the civil revision petition is disposed of. There shall be no order as to costs. 18.04.2024 Index:Yes/No mmi To The III Additional Subordinate Judge, Coimbatore.

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V. LAKSHMINARAYANAN,J.

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