Kunnjammal v. Chandrasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA C.R.P.(PD).No.2138 of 2022 Kunjammal ... Petitioner ..Vs..

1.Chandrasekaran 2.Saminathan @ Karichaan 3.Kannaiyan 4.Jagadeeshwari 5.Padmanaban 6.Umamaheshwari ... Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Subordinate Judge, Thiruvarurto dispose of the O.S.No.87 of 2016 within the time fixed by this Court.

For Petitioner : M/s.Dhanalakshmi 1/5

O R D E R

This Civil Revision Petition has been preferred seeking direction to the learned Subordinate Judge, Thiruvarur, to dispose of O.S.No.87 of 2016 within the time that may be fixed by this Court.

2. The revision petitioner is the first plaintiff in the suit in O.S.No.87 of 2016. The suit has been filed for the relief of declaration and recovery of possession. The revision petitioner who is the first plaintiff is a senior citizen, aged 80 years. The suit has been filed in the year 2016, which is pending for nearly six years. 3.The learned counsel for the petitioner submitted that considering the age of the first plaintiff and other attending circumstances, direction may be given for speedy disposal of the case. 4.In a case involving senior citizens, preference should be given and every endeavour should be taken for earlier disposal. The e-court details of the case proceedings would show that the case was posted on 2/5

28.06.2022 on the ground that certain Interlocutory Applications are pending. In that context, it is also impressed on the learned counsel for the revision petitioner/plaintiff that every steps should be taken to cooperate with the Court for the early disposal of the pending Interlocutory Applications and then make their appearance in the Civil Revision Petition.

5.In the diary extract of the order passed by the learned trial Judge, it is seen that the proceedings are pending due to the pendency of the Civil Revision Petition. The learned trial Judge need not adjourn the proceedings if there is no stay order given in the pending Civil Revision Petition. Admittedly, there is no stay petition filed. In that context, it is appropriate to impress on the learned trial Judge to dispose of the suit as early as possible.

6.Accordingly, the Civil Revision Petition is allowed with a 3/5

direction that the learned Subordinate Judge, Thriuvarur shall dispose of the suit in O.S.No.87 of 2016 as early as possible, preferably within a period of six months. No costs.

13.07.2022 vkr Index:Yes No Speaking Order:Yes/No To 1.The Subordinate Judge, Thiruvarur.

2.The Section Officer, VR Section, Madras High Court, Chennai.

R.N.MANJULA,J.

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Vkr C.R.P.(PD).No.2138 of 2022 13.07.2022 5/5