Savithiri v. Unnathal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.07.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Savithiri

...Petitioner

.Vs.

1.Tmt. Unnathal

2. Mr. Thirumoorthy

3. Tmt. Bhagiyalakshmi

4. Palanisami

5. Tmt. Sumathi

6. Kaveriammal @ Pappammal

7. Ponnusamy

8. Kalavathi

9. P. Kumar

...Respondents

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Hon'ble Principal District Judge

at Tirupur to expeditiously dispose of the pending I.A. No.708 of 2014 in OS.No.131 of 2009 as per statutory provision and pass orders. For Petitioner : Mr. K. Karuppaiya Mooppanar

ORDER

This petition is filed to direct the Principal District Judge at Tirupur to expeditiously dispose of the pending I.A. No.708 of 2014 in OS.No.131 of 2009.

2. The facts of the case is that the petitioner inherited the subject party from her ancestors. Thereafter she filed a suit in OS.No.131 of 2009 before the Principal District Judge at Coimbatore and the same was Transferred to the Principal District Judge at Tirupur. The Respondents in the said suit remained absent, due to which the learned Judge has passed an ex-parte order on 03.12.2009. Thereafter, the petitioner and other interested persons have filed I.A. No.708 of 2014 in OS.No.131 of 2009 for appointment of Advocate commissioner to divide the subject property. However till date there is no progress in the said I.A and the same is pending. Hence this petition.

3. In view of the above it is made clear that the I.A is pending for more than 6 years. Hence, the Principal District Judge at Tirupur is directed to dispose of I.A. No.708 of 2014 in OS.No.131 of 2009 within a period of three months from the date of receipt of a copy of this order.

4. With the above directions, this Civil Revision Petition is disposed of. No order as to costs.

04.07.2023 smn Index : Yes/No Internet: Yes/No To.

1. The Principal District Judge at Tirupur

V.BHAVANI SUBBAROYAN,J.

Smn 04.07.2023