Madras High CourtCRP/2742/2021disposed of

Varadammal v. Premalatha

2021-12-08Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN 1.Varadammal 2.D.Sudhakar .. Petitioners Vs.

1.Premalatha 2.Usha Nandhini Nagappa Naicker (Deceased) Angusamy Naicker (Deceased) 3.Gunasekara Naicker 4.Prabhu 5.Prakash 6.S.Ganesan 7.B.Parthasarathy 8.B.Chinna Durai 9.Veeramani 10.Vijaya 1/4

11.D.Kuppan 12.Kannammal .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to pass and order for early disposal of the suit in O.S.No.1107 of 2004 on the file of VI Assistant City Civil Court, Chennai.

For Petitioners : Mr.D.Muthukumarappa ********

O R D E R

The petitioners, who are 11th and 13th defendant in the suit in O.S.No.1107 of 2004, seek a direction for speedy disposal of the suit.

2. The suit was originally decreed by the trial Court on 31.03.2010. However, on appeal in A.S.No.446 of 2010, the appellate Court set aside the decree and remitted the matter back to the trial Court on 25.07.2018. 2/4

3. It is the grievance of the petitioners that after remand the suit is kept pending from then, for almost 3 years now. It is seen from the daily status report available on the E-Courts web site that there are atleast 2 interlocutory applications pending.

4. The learned counsel appearing for the petitioners would submit that those two interlocutory applications are for bringing on record the legal representatives. The Court has ordered notice to the respondents / plaintiffs in those applications. It is stated that all the parties have been served and the plaintiffs have also filed counter in I.A.Nos.1 and 2 of 2019.

5. Considering the fact that the suit is of the year 2004 and it is almost 17 years old now, the trial Court viz., VI Assistant Judge, City Civil Court, Chennai is directed to dispose of the interlocutory applications within a period of three months from the date of receipt of a copy of the order. The trial Court shall also dispose of the suit within a period of one year from the date of disposal of the interlocutory applications. 3/4

R.SUBRAMANIAN, J.

dsa

6. This Revision is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 08.12.2021 dsa Internet :Yes Index : No Speaking order To The VI Assistant Judge, City Civil Court, Chennai. 4/4