← Library
Madras High CourtCRP/2234/2023disposed of

N.Papammal v. S.Dhanalakshmi

2023-07-12Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.07.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 2234 of 2023 Mrs. N. Papammal

...Petitioner

.Vs.

Mrs. S. Dhanalakshmi

...Respondent

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the IV Additional District Judge, Coimbatore to dispose of the O.S.No.617 of 2020 on the file of IV Additional District Judge, Coimbatore and pass orders. For Petitioner : Mr. P. Sidharthan

ORDER

This petition is filed to issue a direction to the trial Court to dispose of the suit in O.S.No.617 of 2020 on the file of the learned IV Additional District Court, Coimbatore.

2. The facts of the case is that one Shivaraj died intestate leaving behind the petitioners herein as the legal heirs. The petitioner and the respondent are the mother and wife of the deceased Shivaraj and both are having equal right in the subject property. When this being the case, the Respondent herein is trying to sell the subject property pretending herself as the rightful owner of the subject property. Hence the petitioner has filed a suit in O.S.No.625 of 2021 on the file of the learned IV Additional District Court, Coimbatore to declare her share in the subject property and the same is pending. Hence the petitioner has filed this petition seeking a direction to dispose of the said suit as early as possible.

3. The learned counsel for the petitioner submitted that the petitioner is a senior citizen and suffering from several ailments. He further

submitted that by dragging the proceedings unnecessarily benefits the respondent. Hence prays this Court, to issue a direction to the trial Court to dispose of the suit in O.S.No.617 of 2021 on the file of the learned IV Additional District Court, Coimbatore to dispose of the suit as early as possible.

4. In view of the above, the learned IV Additional District Court, Coimbatore is directed to dispose of the suit in O.S.No.617 of 2021 without granting unnecessary adjournments preferably within a period of one year from the date of receipt of a copy of this Order.

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

12.07.2023 smn Index : Yes/No Internet: Yes/No To.

1. The IV Additional District Judge.

V.BHAVANI SUBBAROYAN,J.

Smn C.R.P. No. 2234 of 2023 12.07.2023