K.Saraswati v. Sarguna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.04.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.1452 of 2025 and C.M.P.No.8575 of 2025 1.Mrs. K. Saraswati 2.Mr.K. Mani 3.Mrs. Dhanusuya 4.Mrs. K. Usha Nandhini 5.Mr. K. Ramamoorthy

...Petitioners

Vs.

1.Mrs. Sarguna 2.Mr. Chinnaiah 3.Mr. Srirumulu 4.Mrs. Baby 5.Mr. Purusothaman 6.Mr. K. Madhan

...Respondents

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to issue an order an direction, for speedy disposal of the IA. No.3 of 2023 in OS.No.143 of 2022 on the file of the Principal District Judge, Kanchipuram.

For Petitioner : Mr.C.Prabakaran

ORDER

The above Civil Revision Petition is filed seeking a speedy disposal of I.A.No.3 of 2023 in OS.No.143 of 2022 on the file of the Principal District Judge, Kanchipuram.

2. Heard the learned counsel for the petitioners and perused the records.

3. It is informed by the learned counsel for the petitioners that IA.No.3 of 2023 is kept pending without orders only on the ground that the 6th respondent who is a pendente lite purchaser has not received the notice. 2/6

4. The learned counsel for the petitioners would submit that the address for service of the 6th respondent is the very same place where he resides and he is deliberately not receiving the notice but is however proceeding with the construction. It is also stated that the matter is posted on 22.04.2025 before the Principal District Judge, Kanchipuram.

5. The learned Principal District Judge, Kanchipuram is directed to pass orders in IA.No.3 of 2023 on the next date of hearing i.e. on 22.04.2025. The learned Judge shall on proof being shown, take note of the fact that the pendente lite purchaser is continuing with the construction and is deliberately evading service of notice. It is well open to the Court to take into consideration the exigency and pass interim orders pending service of notice, since the petitioners would be put to a great prejudice if the construction is completed. The learned learned Principal District Judge, Kanchipuram shall endeavour to dispose of IA.No.3 of 2023 on or before 30.04.2025.

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6. With the above direction, the Civil Revision Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 16.04.2025 shr Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order Note:- Registry is directed to issue order copy today. To The Principal District Judge, Kanchipuram.

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P.T.ASHA, J., shr C.R.P.No.1452 of 2025 and C.M.P.No.8575 of 2025 5/6

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