Mayathal v. Suabbathal (Died),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA Mayathal ... Petitioner ..Vs..

Subbathal (died)

1. Kaliammal.

Shanmugam @ Rasu (died) Rangasamy (died)

2. Masappan @ Sinnathambi.

3. Thulasimani @ Paapu.

4. Kanaathal.

5. N.Narayanasamy.

6. P.Kanniyan.

7. M.Kannan.

8. A.Jasudass.

9. Murugan.

10.Vincent.

11.M.Guruswamy.

12.Parimala 13.Muthukumar.

14.Maheswari.

15.R.Kaviprakash.

16.Minor Manopriaya.

Rep.by guardian/mother Maheswari ... Respondents Page No.1/5

Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the 1st Additional District Munsif, Coimbatore to dispose the Interlocutory application in I.A.No.2225 of 2007 in O.S.No.1414 of 2004 within a time framed to be fixed by this Hon'ble Court.

For Petitioner : Mr.B.Gopalakrishnan

O R D E R

This Civil Revision Petition has been preferred seeking a direction to dispose of the final decree petition filed by the revision petitioner/ plaintiff in I.A.No.2225 of 2007 in O.S.No.1414 of 2004 pending before the learned the 1st Additional District Munsif, Coimbatore.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. As per the status report submitted by the learned 1st Additional District Munsif, Coimbatore, it is seen that pending proceedings in Page No.2/5

I.A.No.2225 of 2007, the 5th respondent/5th defendant has filed a petition to scrap the Advocate Commissioner's report and in the meanwhile, the 7th respondent/7th defendant died and a petition to implead his legal heirs is also pending and the case is posted to 24.06.2022.

4. The suit was of the year 2004 and final decree petition was filed in the year 2007, which is pending for more than 15 years. If the matter is kept pending for several years, the plaintiff cannot enjoy the fruits of the decree. In such kind of matters, the Court would avoid frequent adjournments and post the matters on a day to day basis and dispose of the same at the earliest.

5. Considering the long pendency of the final decree proceedings, the trial Judge is directed to dispose of the pending Interlocutory Applications at the earliest and also to dispose of I.A.No.2225 of 2007, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition is disposed of. Page No.3/5

No costs.

23.06.2022 Index:Yes No Speaking Order:Yes/No ms To

1. The 1st Additional District Munsif, Coimbatore 2.The Section Officer, V.R.Section, High Court, Madras.

Page No.4/5

R.N.MANJULA, J.

ms 23.06.2022 Page No.5/5