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Madras High CourtCRP/1030/2025allowed

Poovathal v. Poovathal (Died) 1. Dhanalakshmi

2025-03-13Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Poovathal ... Petitioner Vs Poovathal (Died)

1. Dhanalakshmi 2.Marathal Palanisamy Gounder (Died) Arumugha Gounder (Died) Palanathal (Died)

3. Maragatham

4. Sarojini

5. A. Mani

6. A. Pappan

7. A. Shanmugham

8. A. Muralieswaran ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, pleased to allow the Civil Revision Petition by directing the speedy disposal of the appeal suit in AS No.55 of 2023 on the file of the V Additional District 1 / 4

Judge, Coimbatore.

For Petitioner :

Mr.M.Marudhachalam

O R D E R

This Civil Revision Petition has been filed seeking for a direction to the learned V Additional District Judge, Coimbatore for the speedy disposal of the appeal suit in A.S.No.55 of 2023.

2. It is the case of the petitioner that the petitioner is the 6th defendant in the suit filed by the plaintiffs/respondents 1 and 2 for partition in O.S.No.305 of 2007 before the Principal District Munsif Court, Coimbatore (Later, transferred to the file the I Additional Subordinate Court, Coimbatore and re-numbered as O.S.No.791 of 2016). Based on the direction issued by this Court in C.R.P.(PD)No.329 of 2021 dated 24.02.2021, the above suit was dismissed on 31.01.2023. Against the dismissal of the suit, the plaintiffs have preferred an appeal suit before the V Additional District Court, Coimbatore, in A.S.No.55 of 2023 and it is still pending. It is the further case of the petitioners that the appellate Court had listed the case for arguments and thereafter, the case was repeatedly adjourned on several occasions for arguments. Since most of the parties are senior citizens, the present revision petition has been filed seeking for a 2 / 4

direction for speedy disposal of the appeal suit.

3. Heard Mr.M.Marudhachalam, learned counsel appearing for the petitioner and perused the materials available on record.

4. On perusal of the copy of the e-court diary annexed, it is seen that the case has been adjourned on several occasions for arguments and it is still pending. Taking into consideration the fact that most of the parties are senior citizens, a direction is issued to the learned V Additional District Judge, Coimbatore, to dispose the appeal suit in A.S.No.55 of 2023, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this Civil Revision Petition stands allowed. No costs.

13.03.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ham 3 / 4

A.D.JAGADISH CHANDIRA, J.

ham To

1. The V Additional District Judge, Coimbatore.

2. The Section Officer, VR Section, High Court of Madras.

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