Madras High CourtCRP/377/2018disposed of

Iravan v. Periyasamy Died

2018-02-01Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 377 of 2018 Iravanan .. Petitioner Vs.

Periyasamy (died)

1. Chinnusamy

2. Lakshmi

3. Chinnathayee

4. Kundumani

5. Chinnathambi

6. Chinnammal

7. Rajendran

8. Merubi

9. Alavudin Batcha 10.Mohammed Sheriff

11. G. Sekar

12. A. Boopathi

13. Chinnapillai

14. C. Muthamilan

15. C. Tamilselvi

16. C. Tamilarasi

17. C. Govindarajan

18. C. Kalaiselvi .. Respondents

PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking to direct the learned District Munsif, Sankari to dispose of the suit in O.S. No. 134 of 2004 on the file of the District Munsif Court, Sankari within a stipulated time as fixed by this Court.

For Petitioner : Mr. R. Saravanan

O R D E R

The present Civil Revision Petition is filed seeking to direct the learned District Munsif, Sankari to dispose of the suit in O.S. No. 134 of 2004 on the file of the District Munsif Court, Sankari within a stipulated time as fixed by this Court.

2. The learned counsel for the petitioner would submit that the respondents 1 to 5, have filed a suit in O.S. No. 134 of 2004 before the District Munsif Court, Sankari for partition and separate possession. Originally, the suit was filed in the year 1993 and was subsequently transferred and re-numbered in the year 2004. The said suit is pending from the year 1993. According to the petitioner, the respondents dragging on the proceedings by filing Interlocutory Applications

repeatedly. The Applications in IA. Nos. 1094 to 1097 of 2016 are now pending before the court below. The court below is merely adjourning the said applications from time to time for clarification. Therefore, the present revision is filed before this Court, seeking the aforesaid prayer.

3. Considering the above submission of the learned counsel for the petitioner, without going into the merits of the case, this Court is inclined to direct the District Munsif Court, Sankari, to dispose of the applications in I.A. Nos. 1094 to 1097 of 2016 in O.S. No. 134 of 2004, in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

4. The Civil Revision Petition is disposed of, with the above direction. No costs.

01.02.2018 Index: Yes/ No Speaking Order/Non Speaking Order To The District Munsif Court, Sankari.

D. KRISHNAKUMAR J., avr CRP (PD) No. 377 of 2018 01.02.2018