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Madras High CourtA/2594/2024allowed

Mrs.M.Venkatalakshmi @ Mrs.M.Vimala v. S.Nirmala Devi And 38 Others

2024-07-26Honourable Mr Justice P.B. Balaji3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 15.07.2024

Pronounced on:26.07.2024 A.No.2594 of 2024 in C.S. No.252 of 1996 and OA. No.357 of 2024, A. Nos.2593 & 1060 of 2024 and O.A. No.450 of 2013, A.Nos.2209 of 2024, 2575 of 2013, 3053 & 3608 of 2023 and C.S. No.476 of 2008 & TOS No.49 of 2022 P.B.BALAJI, J.

A.No.2594 of 2024 is filed by plaintiffs praying for expedition of the proceedings in the suit by conducting day to day trial and conclude the entire proceedings in a time bound manner.

2. The learned counsel for the Applicants, Mr.P.J.Rishikesh would submit that the suit was filed in the year 1996 and it is close to 3 decades and still the suit has not seen the light of the day and though the trial commenced, in view of a spate of Applications filed every now and then, the trial has not proceeded. He would also submit that many of the original parties have passed away in the interregnum period and the next generation is before the Court and they are also not getting any younger. 1/3

3. The said Application is not seriously opposed by any of the defendants, though a common counter has been filed to this Application along with other Applications in A.No.2593 of 2024 and O.A. No.357 of 2024.

4. Considering that the suit was filed in the year 1996 and it is only a suit for partition, I direct the suit to be posted before the learned IV Additional Master for proceeding with the trial.

5. The learned IV Additional Master shall conduct the trial of the suit on a preferably day to day basis and shall refrain from granting adjournments for the mere asking, excepting on genuine requests by the learned counsel and shall endeavor to conclude the evidence on or before 30.09.2024.

6. A. No.2594 of 2024 is hereby allowed with the above directions. Post the suit before the learned IV Additional Master on 31.07.2024 for proceeding with the trial.

26.07.2024 rkp 2/3

P.B.BALAJI,J.

rkp Pre-delivery Order in A.No.2594 of 2024 in C.S. No.252 of 1996 and OA. No.357 of 2024, A. Nos.2593 & 1060 of 2024 and O.A. No.450 of 2013, A.Nos.2209 of 2024, 2575 of 2013, 3053 & 3608 of 2023 and C.S. No.476 of 2008 & TOS No.49 of 2022 (2/2) 26.07.2024 3/3