Madras High CourtCRP/4509/2017disposed of

Violet Pushpam v. Irudayaraj

2017-12-11Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.12.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP(PD)No.4509 of 2017 Violet Pushpam ..Petitioner Vs.

1.Irudayaraj 2.Jothi Roberts 3.G.Kirubakaran @ Udhayakumar 4.K.Bakiaprakash 5.Franklin Chandrabose 6.Asha 7.Usha 8.Mohan 9.Kutti 10.Shakila 11.Annie 12.Johan 13.K.Sangumurthy ..Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Subordinate Court Judge at Poonamallee to dispose A.S. No.77 of 2011 in O.S. No.556 of 2004 within the stipulated time.

For Petitioner : Mr.J.Chelladurai Caldwell

ORDER

This Civil Revision Petition is filed to direct the learned Subordinate Court Judge at Poonamallee to dispose A.S. No.77 of 2011 in O.S. No.556 of 2004 within the stipulated time.

2. The learned counsel for the petitioner submitted that the suit for partition was filed in the year of 2002 and thereafter, the Appeal Suit filed in the year of 2011 in A.S. No.77 of 2011 before the Subordinate Court, Ponamallee. Now, the Appeal Suit is pending at the stage of "Await Records" from the date of filing. Even though several requests have been made by the petitioner, there is no improvement to dispose the above said Appeal Suit. Hence, the petitioner has filed the present Civil Revision Petition before this Court.

3. This Civil Revision Petition is disposed of at the stage of admission itself in view of the limited prayer sought for by the petitioner.

4. According to the petitioner, the Appeal Suit in A.S. No. 77 of 2011 has been filed in the year of 2011 and notice has been served and the respondents also entered appearance in the Appeal suit. Now, the Appeal Suit has been delayed for want of records. However, the case has not been taken for trial for the past 6 years. Therefore, this Court inclined to direct the trial Court to dispose the Appeal Suit as expeditiously as possible, preferably within a period of 6 months from the date of receipt of a copy of this Order in accordance with law.

5. Accordingly, the Civil Revision Petition is disposed of with the above direction. No costs.

11.12.2017 rkp Index :Yes/No Internet:Yes/No Speaking order/Non Speaking order

D.KRISHNAKUMAR,J.

rkp To The Sub Judge, Poonamallee.

CRP(PD)No.4509 of 2017 11.12.2017