K.Buvaneswari v. J.Jegajothi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2022
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Bhuvaneswari Rep by her General Power Attorney K.Gajalakshmi .. Petitioner Vs.
1.J.Jegajothi 2.J.Selva Prakash 3.M.Selvi 4.Minor M.Logesh 5.S.Varalakshmi 6.A.Kalavathi 7.A.Meenakshi 8.K.Narmatha alias Asha 9.Senthil Kumar 10.Manimegalai 11.Manjula Page No.1/6
12.T.Sundaramoorthy 13.Vimala 14.Saravanan 15.Mala 16.Devi 17.Jamuna 18.Palaniyappan 19.Pushpa 20.N.Subramani 21.The District Collector, Chengalpattu District, Chengalpattu.
22.The Special Tahsildar, Land Acquistion, Chrompet, Chennai.
.. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct to dispose of O.S.No.253 of 2021 pending on the file of the Principal District Court at Chengalpattu within a time frame as directed by this Court.
For Petitioner : Mrs.K.Gajalakshmi, Party-in-person ***** Page No.2/6
O R D E R
This petition is filed seeking expeditious disposal of the suit in O.S.No.253 of 2021 pending on the file of the learned Principal District Court, Chengalpattu.
2. When the matter came up for admission on 17.04.2023, this Court directed the Registry to call for a report from the learned District Judge, Chengalpattu as to the stage of the case and the learned District Judge has also sent a report to this Court.
3. According to the learned District Judge, the petitioner has filed the suit in O.S.No.253 of 2021 seeking to declare about eight registered documents as null and void and also sought for a partition of the suit property. Out of the 22 defendants, defendants 5, 11 and 21 are stated to have remained ex parte. The defendants 18 and 19 reported died. The defendants 12 and 13 have to file written statements. A number of interlocutory applications are filed by the petitioner, including I.A.No.8 of 2021, which is filed for referring the signature of the disputed documents Page No.3/6
along with admitted documents to the Handwriting expert. The petitioner had approached this Court earlier in CRP.No.470 of 2022 seeking for early disposal of I.A.No.8 of 2021. This Court had directed the trial Court to dispose of I.A.No.8 of 2021 within a period of two months that is on or before 30th April 2022, however I.A.No.8 of 2021 is still pending and the trial Court has not disposed of the same.
4. Considering the circumstances and also taking into consideration the nature of relief sought for and the number of defendants on record and the number of interlocutory applications pending, the learned District Judge, Chengalpattu is directed to dispose of I.A.No.8 of 2021 without any delay as directed by this Court earlier in CRP.No.470 of 2022. The learned District Judge is further directed to take steps to see that the defendants file their written statements by fixing specific date and frame issues and take all steps to dispose of the suit in O.S.No.253 of 2021 as expeditiously as possible.
5. With the above directions, this Civil Revision Petition is disposed Page No.4/6
of. No costs.
06.06.2023 dsa Note: Issue Order copy by 15.06.2023.
Index : Yes/ No Internet : Yes/ No Speaking order/ Non-Speaking order To The Principal District Judge, Chengalpattu.
Page No.5/6
Dr. D.NAGARJUN , J.
dsa 06.06.2023 Page No.6/6