D.C.Elangovan v. N.Madhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2020 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P (PD) No.1649 of 2020 D.C.Ellangovan ... Petitioner Vs.

1. N.Madhu N.Shanmugam (died)

2. N.Balamurugan

3. A.Muthukannu

4. Padmavathy

5. Thulasi

6. Mariammal

7. Jeeva ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Judge for speedy disposal of A.S.No.12 of 2017 pending on the file of the Sub Court, Harur, Dharmapuri. For Petitioner :

Mr.V.Sridevi - - - - - 1/4

O R D E R

The grievance of the petitioner, who is a subsequent purchaser is that due to the pendency of the appeal, he is put to mental agony and further, the proceedings are protracted even after setting the 6th respondent ex-parte and fresh notice was ordered once again.

2. The adjudication produced before this Court also shows that the 6th respondent was set ex-parte and in the next hearing, fresh notice was ordered. We cannot understand whether it is in the interlocutory application or Appeal Suit or any other proceedings are pending.

3. Be that as it may. The appeal filed in the year 2017 against the dismissal of the petition filed to restore the suit dismissed for default cannot be kept pending for a long time.

4. Considering the plight of the petitioner as well as the long pendency, a direction is given to the Sub Court, Harur, Dharmapuri, to dispose of A.S.No.12 of 2017 along with interim applications pending on its file within a period of four months from the date of resumption of physical hearing of Courts.

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The Civil Revision Petition is disposed of with the above terms. There shall be no order as to costs.

18.09.2020 ms/asi To The Subordinate Judge, Harur, Dharmapuri District.

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M.GOVINDARAJ, J.

ms/asi C.R.P (PD) No.1649 of 2020 18.09.2020 4/4