Madras High CourtCRP/3554/2024disposed of

Lalitha v. Dhakshinamoorthy

2024-10-19Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

1. Lalitha

2. Saroja .. Petitioners Vs 1.Dhakshinamoorthy 2.Arumugham 3.Kanniga 4.Malliga 5.Ramalingam 6.Deivasigamani 7.Kokilam 8.Nagamani 9.Ellammal 10.Sri Bhavani Amman Temple Represented by its Trustee Sundaramoorthy 11.Moorthy .. Respondents 1/5

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, for a direction to the learned Judicial Magistrate at Cheyyur to dispose of I.A.No.4 of 2020 in O.S.No.289 of 1995 on the file of the District Munsif Court at Madurantakam within the stipulated time as fixed by this Court.

For Petitioners : Mr.K.Sathish Kumar

O R D E R

This civil revision petition seeks for expeditious disposal of I.A.No.4 of 2020 in O.S.No.289 of 1995 on the file of the District Munsif Court at Madurantakam.

2. O.S.No.289 of 1995 is a suit for partition and separate possession. The suit has been decreed and a final decree application had been filed as early as 2019 in I.A.No.437 of 2019 on the file of the District Munsif Court at Madurantakam. Subsequently, due to the bifurcation of the territorial jurisdiction, the said suit and the proceeding has been transferred to the file of the District Munsif Court-cum-Judicial Magistrate's Court at Cheyyur and the application has been re-numbered as I.A.No.4 of 2020.

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3. When the revision came up for admission, I called for a report from the learned Judicial Magistrate at Cheyyur as to how long she would require to dispose of the proceedings. She has sent a report stating that the 6th defendant in the suit had expired and therefore, an application in I.A.No.179 of 2023 had been filed under Order XXII Rule 4 of the Code of Civil Procedure to bring on record the legal representatives. The said application though allowed as early as 02.04.2024, the civil revision petitioners/plaintiffs have not taken further steps for amendment. It is for that purpose that the application has been adjourned.

4. Mr.K.Sathish Kumar representing the civil revision petitioners states that he shall ensure that the amendment is carried out pursuant to the order passed in I.A.No.179 of 2023 on the next date of hearing.

5. Considering the above submissions, there shall be a direction to the learned District Munsif-cum-Judicial Magistrate at Cheyyur to dispose of the application for final decree in I.A.No.4 of 2020 within two months from the date on which the plaintiffs carry out the amendment. 3/5

6. Accordingly, the civil revision petition is ordered. There shall be no order as to costs.

19.10.2024 Index:Yes/No Speaking order/Non-speaking order kj To The District Munsif-cum-Judicial Magistrate at Cheyyur. 4/5

V. LAKSHMINARAYANAN,J.

kj 19.10.2024 5/5