Madras High CourtCRP/2072/2016disposed of

Ms.Usha v. P.Balaji

2016-07-11Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.2072 of 2016 Usha ... Petitioner v.

P.Balaji ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned VI Assistant City Civil Judge, Madras to dispose of the I.A.No. 13714 of 2013 in O.S.No.5316 of 2011, at the earliest time. For Petitioner : Mr.M.Rajaraman

O R D E R

The plaintiff in O.S.No.5316 of 2011 on the file of VI Assistant Judge, City Civil Court, Chennai, has filed the above Civil Revision Petition to direct the Trial Court to dispose of the final decree application in I.A. No. 13714 of 2013 in O.S.No.5316 of 2011, within a stipulated time.

2. The plaintiff filed the suit in O.S.No.5316 of 2011 for partition.

3. Pursuant to the preliminary decree passed in the suit, the plaintiff filed a final decree application in I.A.No.13714 of 2013.

4. The learned counsel appearing for the revision petitioner submitted that though the plaintiff had filed the final decree application in the year 2013 itself, the Trial Court has not disposed of the same yet. The learned counsel further submitted that in view of the long pendency of the matter, the plaintiff is put to hardship and prejudice.

5. Having regard to the submission made by the learned counsel appearing for the revision petitioner and also taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the VI Assistant Judge, City Civil Court, Chennai, to dispose of the final decree application

in I.A.No.13714 of 2013 in O.S.No.5316 of 2011 on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

With this observation, the Civil Revision Petition is disposed of. No costs.

11.07.2016 Index : Yes/No Rj To The VI Assistant Judge, City Civil Court, Chennai,

M. DURAISWAMY,J., Rj C.R.P.(NPD)No.2072 of 2016 11.07.2016