Sivagami v. Kumarasamy

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.07.2024 CORAM :

The Hon'ble MR.JUSTICE V.LAKSHMINARAYANAN Ragammal (Died) Pottiammal (Died) Chellammal (Died)

1. Sivagami

2. Jaya @ Jayammal

3. Vasantha

4. N.Shanthi

5. N.Iyyappan

6. N.Thangadurai (Cause-title accepted vide court order dt. 7.6.24 made in CMP.

10630/2024 in CRP SR 56239/2024) .. Petitioners -vs1. Kumarasamy

2. K.Karikalan .. Respondents Petition filed under Article 227 of the Constitution of India to direct the trial Court to expedite and conclude the procedings of the partition suit in O.S.No.73 of 2007 pending on the file of the Court of Sessions Judge, Mahila Court, Chengalpattu.

For Petitioner :

Mr.B.Srinivasan * * * * *

ORDER

The suit for partition presented in the year 2007 is still pending before the Mahila Court at Chengalpattu.

2. The learned counsel for the petitioner submits that no interlocutory application is pending and he has amended the plaint and filed the amended plaint copy also. He would state that proof affidavit was filed on 22.12.2020 and additional proof affidavit was filed on 30.03.2021. He would state that the matter is being adjourned for cross examination of plaintiffs from 10.06.2021 onwards.

3. Taking into consideration that the partition suit is pending for 17 years and the trial opened on 22.12.2020, and that even the cross examination has not commenced, I am inclined to direct the learned Mahila Court, Chengalpattu, to conduct the proceedings as expeditiously as possible and dispose of O.S.No.73 of 2007 within a period of nine months from the date of receipt of a copy of this order.

The civil revision petition is, accordingly, allowed. No costs. 19.07.2024 Index : Yes/No Website : Yes/No Speaking/Non-speaking Order sra To The Sessions Judge, Mahila Court, Chengalpattu.

V.Lakshminarayanan, J.

(sra) 19.07.2024