Madras High CourtCRP/2445/2015disposed of

Mr.Hari Kumar v. T.S.Narendran

2015-06-26Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY C.R.P.(PD).No.2445 of 2015 Mr.Hari Kumar S/o.Late T.S.Srinivasalu Naidu ... Petitioner Vs.

1.T.S.Narendra S/o.Late T.S.Srinivasalu Naidu 2.Suseela D/o.Late T.S.Srinivasalu Naidu 3.P.J.Ravi Kumar S/o.Late Ahalaya 4.Padmini D/o.Late Ahalaya 5.Meera D/o.Late Ahalaya 6.Rukumani D/o.Late T.S.Srinivasalu Naidu ... Respondents (Respondents 3 to 5/Defendants 2 to 4 are the legal heirs of deceased Mrs.Ahalaya daughter of Late Mr.T.S.Srinivasalu Naidu) Civil Revision Petition filed under Article 227 of the Constitution of India to direct the II Additional City Civil Court, Chennai, to fix a date for taking up trial and complete the whole enquiry within the time stipulated

by this Court in O.S.No.9129 of 2010 on the file of the II Additional City Civil Court, Chennai, without protracting the proceedings. For Petitioner : Mr.R.Krishnaswamy

O R D E R

The 5th defendant in O.S.No.9129 of 2010 on the file of the II Additional Judge, City Civil Court, Chennai, has filed the above Civil Revision Petition to direct the trial Court to dispose of the suit within the stipulated time.

2.The plaintiff filed the suit in O.S.No.9129 of 2010 for partition in the year 2010.

3.The learned counsel for the petitioner submitted that issues were framed in the year 2011 itself and in spite of the same, the suit has not yet been disposed of by the trial Court. Further, the learned counsel submitted that the petitioner/ 5th defendant is a senior citizen and is put to hardship and prejudice due to the long pendency of the suit. 4.Having regard to the submissions made by the learned counsel for the petitioner, 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 Judge, City Civil Court, Chennai, to dispose of the suit in O.S.No.129 of 2010, on merits and in accordance with law, within four months from the date of receipt of a copy of this order.

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

Index : Yes/No 26.06.2015 Internet : Yes/No va To The II Additional Judge, City Civil Court, Chennai.

M.DURAISWAMY, J.

va C.R.P.(PD).No.2445 of 2015 26.06.2015