Pappal v. Palaniappan @ Palanisamy,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1737 of 2016 1.Pappal 2.Palanisamy 3.Kandasamy 4.mani 5.Markandan ... Petitioners vs 1.Palaniappan @ Palanisamy 2.Dhanam 3.Baggiyam @ Baggiyalakshmi 4.Alamelu 5.Nandakumar 6.K.Ramya 7.M.Dhanakodi 8.M.Seenivasan 9.Minor.G.Gnanaprakash Rep.by Next friend/Father Mani 10.a.jayakumar 11.E.s.Sanjay Senthil 12.V.Jamuna 13.R.Manickam 14.Jagan 15.P.Vadivel ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the Sub Court, Sankari, to dispose of the suit in O.S.No.92 of 2012 on its file within a time frame fixed by this Court. For Petitioners :

Mr.N.Manokaran

O R D E R

This revision seeks a direction to learned Sub Judge, Sankari, to dispose of the suit in O.S.No.92 of 2012 within a stipulated time.

2. Heard learned counsel for petitioners.

3. First respondent/plaintiff has filed O.S.No.92 of 2012 seeking partition, separate possession and permanent injunction of the schedule mentioned properties. The suit was posted for cross examination on 21.03.2016 and 11.04.2016, but the plaintiff/PW1 has not appeared for cross examination. Hence, the trial court has adjourned the case to 19.07.2016 for further cross examination of P.W.1. Further, a perusal of the 'B' diary extract, informs much delay in the conduct of proceedings.

4. In the circumstances and considering the fact that the first petitioner/first defendant is a senior citizen, aged 80 years, at the time of filing of the suit and the other defendants 2 to 5 are also senior citizens, this Court directs the learned Sub Judge, Sankari, to dispose of the suit in O.S.No.92 of 2012, as expeditiously as possible, in any event, within a period of six months from the date of receipt of this order.

The Civil Revision Petition is disposed of with the above direction. No costs.

16.06.2016 Index:yes/no Internet:yes kkd To The Sub Judge, Sankari.

C.T.SELVAM, J.

kkd CRP.PD.No.1737 of 2016 16.06.2016