R. Lakshmi v. R. Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI 1.R.Lakshmi 2.N.Selvi 3.R.Kalaiselvi .. Petitioners Vs.

1.R.Srinivasan 2.K.Bhuvaneswari 3.Minor. K.Dhakshan (rep. by his Mother and Natural Guardian K.Bhuvaneswari) 4.S.Saraswathi .. Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying for a direction to the Trial Court to dispose of the suit in O.S.No.1978 of 2022 on the file of the XVI Additional City Civil Court at Chennai, within a reasonable time.

For Petitioners : Mr.B.Rama

O R D E R

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This Civil Revision Petition is filed to issue a direction to the Trial Court to dispose of the suit in O.S.No.1978 of 2022 on the file of the XVI Additional City Civil Court at Chennai, within a reasonable time. 2.Heard the learned counsel for the petitioners. 3.The learned counsel for the petitioners would state that the first plaintiff purchased a property situate at Old No.213, New No.254, Paper Mills Road, Perambur, Chennai - 600 011, to an extent of 1 ground and 546 sq.ft from one KTJ Prakash, who is the power agent of J.Sivaneswari, through a registered sale deed by document No.4124 of 1986 dated 01.08.1986 at SRO, Sembium and also obtained a rectification deed by document No.4125 of 1986 dated 24.10.1986 at SRO, Sembium.

4.The learned counsel would further contend that subsequent to the purchase by the first plaintiff, she is in possession and enjoyment of the suit schedule property by raising construction. Now the Civil Revision Petition is filed to direct the Trial Court to dispose of the suit in O.S.No.1978 of 2022 on the file of the XVI Additional City Civil Court at Chennai, within a reasonable 2/5

time.

5.On perusal of the diary extracts, it appears that already petition under Order VII Rule 11 was filed by the defendants' side and it was dismissed on 24.03.2023.

6.Last year, on the defendants' side two petitions in I.A.No.2 of 2022 and I.A.No.3 of 2022 have been filed, one for, not to alienate the property and other petition was filed not to disturb the peaceful possession and enjoyment of the suit property are still pending and posted for counter of the respondents. The case is posted to 28.06.2023. The learned counsel for the petitioners represents that the 1st plaintiff is a senior citizen aged about 70 years.

7.Considering the above said circumstances, this Court deems fit to issue direction to the Trial Court to dispose of the said petitions, to fix a trial at an early date and dispose of the same preferably, within a period of eight months from the date of receipt of a copy of this order. 3/5

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

23.06.2023 krk Index : Yes / No Internet : Yes / No : Yes / No To The XVI Additional Judge, City Civil Court, Chennai.

R.KALAIMATHI, J.

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