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Madras High CourtCRP/1526/2015disposed of

Sadhu v. Amirthammal@Ponnammal

2015-04-09Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY CRP (PD) No.1526 of 2015

1. Sadhu

2. Gajendran

3. Jayaramna .. Petitioners versus

1. Amirthammal @ Ponnammal

2. Kasi (died)

3. Chellammal (died)

4. K.Pushparaj

5. K.Dhinakaran

6. K.Kanthammal

7. S.Murugan

8. M.Saravanavel

9. M.Mahalakshmi 10.T.Kalaivani ..Respondents Petition filed under Article 227 of the Constitution of India to direct the Lower Appellate Court to dispose of the appeal A.S.No.46 of 2012 on the file of the II Additional District Judge, Poonamallee within a time frame.

For Petitioners : Mr.R.Muthukumarasamy, Senior Counsel for Mr.E.Manoharan

O R D E R

The appellants in A.S.No.46 of 2012 on the file of the II Additional District Court, Poonamallee, have filed the above Civil Revision Petition to direct the Lower Appellate Court to dispose of the appeal within a stipulated time.

M.DURAISWAMY,J rg

2. Mr.R.Muthukumarasamy, learned Senior Counsel appearing for the petitioners submitted that the litigation between the parties are going on for more than 22 years and inspite of the fact that the appellants have preferred the first appeal in the year 2012, the same has not yet been disposed of by the Lower Appellate Court. Further, the learned Senior Counsel submitted that since the appeal is pending for nearly 3 years, the petitioners are put to hardship and prejudice.

3. Having regard to the submissions made by the learned Senior Counsel for the petitioners, taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the II Additional District Judge, Poonamallee, to dispose of the appeal in A.S.No.46 of 2012, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With this observation, the Civil Revision Petition is disposed of. No costs.

09.04.2015 rg Note: Issue today To The II Additional District Judge, Poonamallee CRP (PD) No.1526 of 2015