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Madras High CourtCMP/12393/2019dismissed

A.G.Jalapathy v. Kumar@Pichandi

2019-06-18Honourable Mr Justice N. Sathish Kumar2 pages

C.M.P.No.12393 of 2019 in CRP.No.4283 of 2013 N.SATHISH KUMAR, J., This Civil Miscellaneous Petition has been filed to recall the order dated 20.02.2019 made in CRP.No.4283 of 2013 and to hear the revision after affording an opportunity to the petitioners to put forward their case.

2. The learned counsel for the petitioner submitted that the petitioner has not been heard.

3. I do not find any merit on the submission made by the learned counsel for the petitioner. The suit itself has been filed for partition and the revision petition has been filed against the order dated 10.09.2013 passed in I.A.Nos.841 & 842 of 2012 in O.S.No.137 of 1996. Therefore, this Court was of the view that no order is required separately in M.P.Nos.1 of 2013 and 1 of 2014 and the Civil Revision petition was allowed by granting an opportunity to the parties to file their written statement and also directs the trial Court to dispose of the suit within a period of three months. http://www.judis.nic.in

N.SATHISH KUMAR, J., ms

4. Since the suit filed for partition itself is pending from the year 1996, I do not find any merit in this Civil Miscellaneous Petition. However, the trial Court is directed to strictly comply with the earlier order of this Court dated 20.02.2019 in CRP(PD) Nos.4283 & 4284 of 2013 and dispose of the suit within a time frame. Accordingly, this Civil Miscellaneous Petition is dismissed. 18.06.2019 ms C.M.P.No.12393 of 2019 in CRP.No.4283 of 2013 http://www.judis.nic.in