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Madras High CourtCRP/1498/2022disposed of

Mary Hemalatha v. Arul Gabriel

2022-04-27Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022

CORAM:

Mr. JUSTICE N.SESHASAYEE Mrs.Mary Hemalatha ... Petitioner Vs.

Mr.Arul Gabriel ... Respondent PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Alandur to dispose the suit in O.S.No.814 of 2021 pending on the file of Subordinate Judge, Alandur.

For Petitioner :

Mr.J.Sudhakaran

O R D E R

The revision petitioner herein is the plaintiff in O.S.No.7 of 2010 on the file of Sub Court, Tambaram. The suit later came to be transferred to Sub Court, Alandur, where it was taken on record as O.S.No.814 of 2021. Since the suit is pending effectively for 12 years now, the revision petitioner seeks a

direction of this Court for a speedy disposal of the said suit. 2.The learned counsel for the revision petitioner also submitted that earlier the plaintiff took out an Application for appointing an Advocate Commission to obtain an expert opinion on a disputed signature in a certain Will. This Application came to be allowed by this Court Vide its order dated 27.08.2018 in CRP.Nos.2140 & 2141 of 2018.

3.The learned counsel for the revision petitioner submitted that even the report of the expert has not yet been received and as per the aforesaid order of this Court in CRP.Nos.2140 and 2141 of 2018, the entire exercise should have been over in six (6) weeks time but, it is almost 4 years and nothing seems to be moving towards final adjudication. 4.The learned Sub Judge, Alandur is now directed to ensure that the expert opinion is received by June, 2022 and is further required to dispose of the suit in O.S.No.814 of 2021 as early as possible and latest by September, 2022.

5.The Principal District Judge, Chengalpattu is now required to keep a tab on this long pending litigation and is required to supervise if the learned Sub Judge, Alandur complies with the directions herein above given. 6.The Civil Revision Petition is disposed of as above. No costs. 27.04.2022 Index : Yes/No Internet : Yes / No Speaking /Non Speaking Tsg To 1.The Subordinate Judge, Alandur.

2.The Principal District Judge, Chengalpattu.

N.SESHASAYEE, J., Tsg 27.04.2022