M.Duraikannu v. T.Rani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN M.Duraikannu ... Petitioner Vs.

1. T.Rani

2. Padmavathi

3. Dilly

4. Kallyani

5. K.Arasu

6. K.Arivoli

7. D.Ashok Kumar

8. D.Dhana Sekaran

9. S.Raji

10. S.Ragupathi 1/5

11. Vijayalakshmi

12. Balaji

13. Kala

14. Jagan

15. Perumal

16. Boopathi

17. Dhanalakshmi ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the dispose in O.S.No.294 of 2014 on the file of the Principal District Court at Chengalpattu within time as fixed by this Court. For Petitioner :

Mr.Nithysh Sekhar

O R D E R

This Civil Revision Petition has been filed for a direction to the learned Principal District Judge, Chengalpattu to dispose of the suit in O.S.No.294 of 2014 within the stipulated time that may be fixed by this Court.

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2. The case of the petitioner is that the petitioner herein is the first defendant and the first respondent herein is the plaintiff. The first respondent filed a suit in O.S.No.294 of 2014 on the file of the Principal District Court, Chengalpattu for partition in respect of the suit property.

3. The learned counsel for the petitioner submitted that after filing of the written statement there is no further progress in the above suit for the past nine years and now the petitioner is about 70 years old senior citizen and he is suffering from serious health issues but unable to take better treatment because of want of money. Due to the pending litigation, he is unable to mobilize the fund for treatment. Therefore, the petitioner has filed the present civil revision petition for a direction to the learned Principal District Judge, Chengalpattu to dispose of the suit in O.S.No.294 of 2014 within the stipulated time that may be fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

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5. Taking note of the facts and circumstances of the case, the learned Principal District Judge, Chengalpattu is directed to dispose of the suit in O.S.No.294 of 2014 as expeditiously as possible, preferably within a period 12 months from the date of receipt of a copy of this order and file report before this Court after disposal of that suit. The parties concerned are directed to co-operate for trial, without getting any adjournment.

6. Accordingly, this Civil Revision Petition is disposed of with the above direction. No costs.

14.07.2023 Index : Yes/No Speaking/Non-speaking order kv To The Principal District Judge, Chengalpattu.

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V.BHAVANI SUBBAROYAN,J.

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