R. Subramanian @ Mani v. R. Surendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD).Nos.694 to 696 of 2018 and CMP.Nos.3604 to 3606 of 2018 R.Subramanian @ Mani .. Petitioner in all CRP's Vs 1.R.Surendran Savithiri Ramachandran (died) 2.Uma Ganesan S.Rajagopalan(died) 3.Dr.S.Sankaran S.Vishalatchi(died) M.S.Swaminathan(died) 4.M.S.Padmanabhan 5.M.S.Mani Col M.S.K.Moorthy(died) Kamatchi Ramamurthy(died) V.Ramanathan(died) 6.C.Vijayakumar 7.C.K.Kumar 8.C.Srinivasan 9.Prasad Mani 10.Shymala Ravi 11.Usha Krishnakumar 12.Nirmala Reddy V.Krishnan(died) Kamala(died) 13.Sakunthala Ramanathan 14.Visalam Swaminathan
15.Thangamani Krishnan 16.Banumathi Iyer 17.Malathy Kumar 18.R.Vijayalakshmi 19.Kamakshi Sridharan 20.R.Uma Shankar 21.R.Indira ... Respondents in all CRP's 22.S.Ravichandran .. 22nd Respondent in CRP.No.695 of 2018 COMMON PRAYER Civil Revision Petitions filed under Article 227 of the Constitution of India seeking for the direction to dispose of the IA.Nos.16225 of 2012, 13192 of 2016 and 16226 of 2012 in OS.No.4271 of 1998 on the file of the XIII Assistant City Civil Court, Chennai. For Petitioner : Mr.M.R.Senthil Kumar in all CRP's COMMON O R D E R According to the revision petitioner, the first respondent has filed a suit in OS.No.4271 of 1998 for partition and declaration on the file of the XIII Assistant City Civil Court, Chennai. In the aforesaid suit, the revision petitioner and others have also filed applications in IA.No.16225 of 2012 to receive additional documents, IA.No.16226 of 2012 to summon the Sub-Registrar, North Madras to produce the original Will dated 20.01.1961 and the Codicil dated 01.05.1961 registered as document
No.8 of 1963 and I.A.No.13192 of 2016 to implead the proposed respondent as 32nd defendant in the above suit. The said applications are pending. Hence, the revision petitioner has fled the present Civil Revision Petitions before this Court.
2. The learned counsel for the revision petitioner would submit that the respondents have filed counter affidavit in the above applications except IA.No.13192 of 2016.
3. Heard the learned counsel for the revision petitioner and perused the materials available on record.
4. It is seen from the record that the aforesaid suit is posted for evidence of DW1 and for marking documents. Further, it is seen from the status of the court records, the above three applications are pending. At this stage, without expressing any opinion on merits, this Court is inclined to direct the XIII Assistant City Civil Court, Chennai to dispose of the above three applications in IA.Nos.16225 of 2012, 13192 of 2016 and 16226 of 2012 in OS.No.4271 of 1998 on merits and in accordance with law as expeditiously as possible preferably on or before
30.04.2018.
5. The Civil Revision Petitions are disposed of with above direction. Consequently, the connected miscellaneous petitions are closed. No costs.
23.02.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No lok Note: Issue order copy on 26.02.2018
To The the XIII Assistant City Civil Court, Chennai.
D. KRISHNAKUMAR J., lok CRP(PD).Nos.694 to 696 of 2018 and CMP.Nos.3604 to 3606 of 2018 23.02.2018