G.Angamuthu v. G.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(NPD).No.4662 of 2017 G.Angamuthu ..Petitioner Vs.

1.G.Selvaraj 2.Pappathi Lakshmi (Died) 3.Gurusamy 4.Govindaraj ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to issue direction directing the Subordinate Judge, Mettur to dispose of the I.A.No.259 of 2010 in O.S.No.66 of 2005 within the stipulated time frame fixed by this Court. For petitioner : Mr.A.Esakkiappan

ORDER

According to the revision petitioner, the first respondent has filed a suit in OS.No.66 of 2005 before the Sub Court, Mettur for partition, which was decreed on 19.01.2005. Subsequently, the revision petitioner has filed an application in IA.No.259 of 2010 for

passing final decree, which is pending before the court below. Pending the aforesaid application, the court below has appointed an Advocate Commissioner and report also has been submitted on 29.10.2012 by the Advocate Commissioner. Thereafter, an application was filed by the first respondent and the said application has also been dismissed on 17.06.2016. Therefore, there is no impediment to dispose of the IA.No.259 of 2010. Therefore, the revision petitioner has filed the present Civil Revision Petition before this Court to dispose of the said IA within the time frame fixed by this Court.

2. In view of the above, without expressing any opinion on merits, this Court is inclined to direct the Sub Court, Mettur to dispose of the IA.No.259 of 2010 as expeditiously as possible preferably within the period of six months from the date of receipt of a copy of this Order.

3. The Civil Revision Petition is disposed of with above direction. No costs.

20.12.2017 Speaking/Non-speaking order Index :Yes/No Internet:Yes/No lok

To The Subordinate Judge, Mettur.

D.KRISHNAKUMAR.J, lok CRP.(NPD).No.4662 of 2017 20.12.2017