Madras High CourtCRP/3/2018disposed of

Shyamala Devi v. Killiammal

2018-01-04Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2018

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(PD).No.3 of 2018 Shyamala Devi .. Petitioner Vs.

1.Killiammal 2.T.Rajan 3.A.Venkatesan 4.A.Anusiya 5.A.Kirubanidhi 6.A.Poongavanam 7.A.Thirunavukarasu 8.A.Paramanandhan 9.A.Sarankapani 10.Alka Shankar @ Alka S.Pillai 11.V.Seethapathy .. Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the

Constitution of India to direct the learned Subordinate Judge at Poonamallee to dispose of the suit in O.S.No.253 of 2011 within a time frame fixed by this Court.

For petitioner : Mr.R.Bakyaraj

ORDER

According to the revision petitioner, the respondents 1 and 2 have filed a suit in OS.No.253 of 2011 before the Sub Court, Poonamallee for declaration and permanent injunction. The aforesaid suit was filed in the year 2011 and the same is pending for the last six years. Therefore, the revision petitioner has filed the present Civil Revision Petition before this Court seeking disposal of the suit within a time frame as may be fixed by this Court.

2. During the course of arguments, the learned counsel for the revision petitioner also brought to the notice of this Court that in the above suit, the respondents / plaintiffs have also filed an amendment application in IA.No.7 of 2017, which is pending.

3. Therefore, in the facts and circumstances of the case and in view of the pendency of the suit for more than six years, in

the interest of justice, this Court is inclined to direct the Sub Court, Poonamallee to dispose of the IA.No.7 of 2017 in accordance with law as expeditiously as possible preferably within the period of eight weeks from the date of receipt of a copy of this Order and thereafter, taking into consideration the suit is of the year 2011, the trial court is directed to dispose of the suit in OS.No.253 of 2011 as expeditiously as possible.

4. The Civil Revision Petition is disposed of with above directions. No costs.

04.01.2018 Speaking / Non Speaking order Index :Yes/No Internet :Yes/No lok

D.KRISHNAKUMAR.J, lok To The learned Subordinate Judge, Poonamallee.

CRP.(PD).No.3 of 2018 04.01.2018