K. R. Adimoola Naicker v. Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2015 C O R A M THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM CRP.NPD.No.1002 of 2015 K.R.Adimoola Naicker ... Petitioner / 1st Defendant Vs.

1.Srinivasan 2.Jaganathan ...

Respondents / Plaintiffs 3.U.Sridhar 4.Meera wife of Elumalai 5.Chitra wife of Venkatesan 6.Anuratha daugher of Venkatesan 7.Dinesh son of Venkatesan 8.Savithri d/o Adimoola Naicker ...

Respondents/Defendants 2 to 7 PRAYER : Revision Petition is filed under Article 227 of the Constitution of India to direct the District Court II, Kancheepuram to dispose of A.S.No.2 of 2013 within the time fixed.

For Petitioner : M/s.R.Poornima

O R D E R

This revision is filed seeking for direction to the District Court No.II, Kancheepuram to dispose of the appeal in A.S.No.2 of 2013 within the stipulated time.

2. Ms.R.Poornima, learned counsel for the petitioner submitted that the respondents 1 and 2 had instituted the suit against the petitioner and the respondents 3 to 8 for partition claiming 2/6th share in the suit property. After trial, the suit was dismissed on 16.04.2013. The learned counsel further submitted that the plaintiffs have preferred the appeal before the District Court and they have been repeatedly taking adjournments without any justifiable reasons. The learned counsel further contended that the petitioner is a senior citizen aged 90 years and the delay causes hardship to him.

3. Considering the submissions made by the learned counsel for the petitioner, the District Court 2, Kancheepuram is directed to dispose of the appeal in A.S.No.2 of 2013, on merits and in accordance with law, on or before 30.06.2015.

4. With the above direction, this Civil Revision Petition is disposed of. No costs.

18.03.2015 Index : Yes/No rgr To The District Judge, Kancheepuram.

K.KALYANASUNDARAM, J.

rgr CRP.NPD.No.1002 of 2015 18.03.2015