Murugan v. Subbaramaniyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Murugan ... Petitioner Vs.

1. Subbaramaniyan

2. Veerasamy

3. Dhanam

4. Ramanujam Ammal

5. The District Collector, Collector Office, Villupuram District - 605602.

6. The Sub Registrar, Sub-Registrar Office, Chinnasalem - 606201.

7. The Thasildar, Taluk Office, Chinnasalem - 606201.

8. The Village Administrative Officer, Chinnasalem (North), Chinnasalem - 606201.

... Respondents 1/5

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to issue the direction to the Subordinate Court at Kallakurichi to dispose the suit in O.S.No.455 of 2019 within time frame by this Court.

For Petitioner :

Mr.S.Ramajayam

O R D E R

This Civil Revision Petition has been filed for a direction to the learned Subordinate Judge, Kallakurichi to dispose of the suit in O.S.No.455 of 2019 within the stipulated time that may be fixed by this Court.

2. The case of the petitioner is that the petitioner herein is the first defendant and the first respondent herein is the plaintiff. The first respondent filed a suit in O.S.No.455 of 2019 on the file of the Subordinate Court, Kallakurichi for declaration in respect of the suit property. 2/5

3. The learned counsel for the petitioner submitted that after filing of the written statement there is no progress in the above suit for the past four years and the petitioner is really affected person because his self acquired property is in dispute. He further submitted that from the beginning he attended the Court for each of every hearing, but extraordinary delay had happened in the said suit filed by the first respondent/plaintiff in O.S.No.455 of 2019 before the file of the Subordinate Court, Kallakurichi. Therefore, the petitioner has filed the present civil revision petition for a direction to the learned Subordinate Judge, Kallakurichi to dispose of the suit in O.S.No.455 of 2019 within the stipulated time that may be fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. Taking note of the facts and circumstances of the case, the learned Subordinate Judge, Kallakurichi is directed to dispose of the suit in O.S.No.455 of 2019 as expeditiously as possible, preferably within a period 3/5

12 months from the date of receipt of a copy of this order and file report before this Court after disposal of that suit. The parties concerned are directed to co-operate for trial, without getting any adjournment.

6. Accordingly, this Civil Revision Petition is disposed of with the above direction. No costs.

14.07.2023 Index : Yes/No Speaking/Non-speaking order kv To The Subordinate Judge, Kallakurichi.

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V.BHAVANI SUBBAROYAN,J.

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