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Madras High CourtCRP/1380/2023disposed of

Christiana Mary v. A.Salamon

2023-04-26Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN Civil Revision Petition (PD).No. 1380 of 2023 1.Christiana Mary 2.Limaroslin ... Petitioners Vs.

1.A.Salamon 2.A.Chinnappan 3.Lurthusamy 4.Frances Seviar 5.Smt.Mary Pushpa Therasa Ammal [Died] 6.Smt.Bernath ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif-cum-Judicial Magistrate, Thandarampattu, to try and dispose of the suit in O.S.No.320 of 2020, within the stipulated period fixed by this Court. For Petitioners :

Mr.K.Selvaraj 1/4

ORDER

Heard the learned counsel appearing for the revision petitioners/defendants 6 and 7.

2. The Civil Revision Petition is filed for a direction to the learned District Munsif cum Judicial Magistrate, Thandarampattu, to try and dispose of O.S.No.320 of 2020, within the stipulated time fixed by this Court.

3. Originally, the first respondent/plaintiff has filed O.S.200 of 2012 for partition of the schedule of properties, on the file of the Additional District Munsif, Chengam. Subsequently, said suit was transferred to the file of the District Munsif cum Judicial Magistrate, Thandarampattu, and renumbered in O.S.No.320 of 2020. During the course of trial, P.W.1 was also examined and since then, there was no progress. It is submitted that on account of pendency of the suit, the petitioners/defendants 6 and 7, have suffered lot of inconvenience.

4. It appears that on account of administrative delay and on 2/4

account of transfer, the disposal of the suit got delayed. Considering the same, the Civil Revision Petition is disposed of at this stage itself, with a direction to the learned District Munsif cum Judicial Magistrate, Thandarampattu, to dispose of O.S.No.320 of 2020 as expeditiously as possible, not later than six months from the date of receipt of copy of this order.

5. Accordingly, the Civil Revision petition is disposed of. There shall be no order as to costs.

26.04.2023 ssi Index: Yes/No Speaking Order: Yes/No To

1. The District Munsif-cum-Judicial Magistrate, Thandarampattu.

2. The Section Officer, V.R.Section, High Court, Madras.

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Dr. D. NAGARJUN, J., ssi 26.04.2023 4/4