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Madras High CourtCRP/1910/2019disposed of

Pyari Bi v. A.S.J.Rajak Basha

2019-06-21Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ CRP(NPD) No.1910 & 1913 & Pyari Bi .. Petitioner in all CRPs.

Vs

1. A.S.J. Rajak Basha

2. A.S.J. Kamal Basha

3. A.S.J. Alla Bakash

4. A.S.J. Rashid Basha

5. Malin Bi

6. M. Noorjahan

7. Jamal Settu

8. Saleem Settu

9. Mothi

10. Anarkali 11.Suriya Bi .. Respondents in CRP (NPD) No.1910 of 2019

1. Malin Bi

2. M. Noorjahan

3. Jamal Settu

4. Saleem Settu

5. Mothi.

6. A.S.J.Kamal Basha 7.A.S.J.Alla Bakash

8. A.S.J.Rashid Basha

9. A.S.J.Rajak Basha 10.Anarkali

11. Suriya Bi ... Respondents in CRP (NPD) No.1913 of 2019

1. A.S.J. Alla Bakash

2. A.S.J.Kamal Basha

3. A.S.J. Rashid Basha

4. A.S.J. Rajak Basha

5. Malin Bi

6. M. Noorjahan

7. Jamal Settu

8. Saleem Settu

9. Mothi 10.Anarkali 11.Suriya Bi .. Respondents in CRP (NPD) No.1914 of 2019 Prayer: Civil Revision Petition filed under Section 227 of the Constitution of India to fix an early date for final disposal of the appeals in A.S.No.16 of 2011, A.S.No.37 of 2013 and A.S.No.7 of 2012 on the file of the Additional District Judge (FTC) Court, Arni, Tiruvannamalai District.

For Petitioner : M/s.Fathima Sulthana, A.B. For respondents : No appearance

O R D E R

The revision petitioner filed a suit for partition in the year 1994. It was decreed on 30.03.2011, against which, the respondents in the above Civil Revision Petitions preferred appeal viz., A.S.No.16 of 2011, A.S.No.37 of 2013 and A.S.No.7 of 2012 respectively. Even though the records were received by the lower appellate Court, the appeals were not disposed of till date.

2. Learned counsel for the petitioner submits that the petitioner had waited for a long period of 17 years to get the preliminary

decree in the partition suit. After that, it has been prolonged for the past six years by way of filing appeals. The appeals filed by the respondents viz., A.S.No.16 of 2011, A.S.No.37 of 2013 and A.S.No.7 of 2012 are yet to be disposed of. She would further submit that the petitioner is a senior citizen and therefore she seeks earlier disposal of the appeal.

3. It is seen that obviously 25 years have passed after institution of the suit for partition and now the petitioner is holding a preliminary decree without any benefits.

4. Considering the long pendency of the litigation, this Court is inclined to give a direction to the Additional District Judge, Fast Track Court, Arani to dispose of A.S.No.16 of 2011, A.S.No.37 of 2013 and A.S.No.7 of 2012 within a period of two months from the date of receipt of a copy of this order.

5. The Civil Revision Petitions are disposed of with the above direction. No costs.

21.06.2019 msr Index:Yes/No Internet:Yes/No

M.GOVINDARAJ, J.

msr To The Additional District Judge (FTC) Court, Arni, Tiruvannamalai District.

CRP(NPD) No.1910 & 1913 & 21.06.2019