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Madras High CourtCRP/1574/2021disposed of

Valarmathi v. M.Rangasamy

2021-08-11Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN C.R.P. (NPD) No.1574 of 2021 1.Valarmathi 2.Minor Kousalya (Rep. by her mother and next Natural Guardian Valarmathi 1st respondent) ...

Petitioners / Plaintiffs versus 1.M.Rangasamy 2.T.N.Subramaniam 3.Mani @ Sakthivel 4.Vijayan 5.Manoharan 6.P.M.Subramaniam 7.Devakumar 8.V.C.Jayakumar 9.Maheswaran ...

Respondents / Defendants PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to expedite the proceedings which is presently pending before the Sub Court, Avinashi in I.A.No.500 of 2009 in O.S.No.43 of 2007 on its file.

For Petitioners : M/s.Girija Velmurugan 1/4

O R D E R

This Civil Revision Petition is filed seeking direction to the learned Sub Judge, Avinashi, to expedite the disposal of I.A.No.500 of 2009 in O.S.No.43 of 2007.

2.

The learned counsel for the petitioners submitted that, O.S.No.43 of 2007 was filed seeking the relief of partition and preliminary decree was passed on 30.01.2009. Thereafter, the petitioners filed I.A.No.500 of 2009 for passing the final decree. In the final decree application, an Advocate Commissioner was appointed, he inspected the property and filed the report. After filing the report, there is not much progress. Therefore, he filed this petition, seeking direction to the learned Sub Judge, Avinashi, to dispose of this case, as expeditiously as possible. 3.

It is seen from the submissions that, the suit was filed for partition and preliminary decree was passed on 30.01.2009. The present petition was filed in the year 2009 for passing the final decree. The Advocate Commissioner was appointed and report was also filed. Therefore, this Court directs the learned Sub Judge, Avinashi, to dispose of I.A.No.500 2/4

of 2009 in O.S.No.43 of 2007, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. 4.

This Civil Revision Petition is disposed of accordingly. However, there is no order as to costs.

11.08.2021 Speaking order / Non-speaking order Index : Yes / No sri To The Sub Judge, Avinashi.

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G.CHANDRASEKHARAN, J.

sri C.R.P. (NPD) No.1574 of 2021 11.08.2021 4/4