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Madras High CourtCRP/1888/2020disposed of

S.M.Ramanathan v. S.R.Baladhandapani

2020-10-13Honourable Mr Justice Rmt. Teekaa Raman2 pages

CRP(PD)No.1888 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN CRP(PD)No.1888 of 2020 S.M.Ramanathan Petitioner Vs S.R.Baladhandapani Respondent Prayer:- This Civil Revision Petition has been filed, under Section 227 of the Constitution of India, to direct the Sub Court, Sathyamangalam, to dispose of the IA.No.2 of 2020 in OS.No.101 of 2020, within a time frame. For Petitioner :

Mr.C.R.Prasanan

ORDER

1. This Civil Revision Petition has been filed, to direct the Sub Court, Sathyamangalam, to dispose of the IA.No.2 of 2020 in OS.No.101 of 2020, within a time frame.

2. This court heard the learned counsel for the Petitioner.

3. The Petitioner herein is the defendant in the suit in OS.No.101 of 2020. The respondent herein has filed the said suit for partition, alleging that the suit property is the self acquired property, from and out of joint family business. The petitioner has filed IA.No.2 of 2020 for rejection of the plaint on the ground that the Petitioner is aged about 96 years old and it is self-acquired property, having purchased the same along with other properties and 1/2 http://www.judis.nic.in

CRP(PD)No.1888 of 2020 RMT.TEEKAA RAMAN, J.

Srcm subsequently, the other shares have also been obtained and he has also dealt with the property as an individual property since it is self-acquired property.

4. Normally, in a suit for partition, this court will not entertain early disposal. However, taking note of the age of the petitioner, who is aged 96 years old, without going into the rights and contentions of both the parties, the Court Below is directed to dispose of the IA.No.2 of 2020, on merits and in accordance with law, within a period of twelve weeks, from the date of receipt of a copy of this order.

5. With the above directions, this Civil Revision Petition is disposed of. No costs.

13.10.2020 Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To

1. The Sub Court, Sathyamangalam CRP(PD)No.1888 of 2020 2/2 http://www.judis.nic.in