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Madras High CourtCRP/2347/2023disposed of

P.Marappan v. P.Ramasami

2023-07-17Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.07.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN P.Marappan

...Petitioner

.Vs.

1. P. Ramsami

2. Kuttiannan Sellappa Goundar ( Died)

3. Jayavel

...Respondents

Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the II Additional District Judge, Thiruchengode to dispose the A.S.No.20 of 2020 on the file of Learned II Additional District Judge, Thiruchengode within a stipulated time by appreciating the above stated facts and circumstances and pass orders. For Petitioner : Mr. T. Balaji

ORDER

This petition is filed to issue a direction to the II Additional District Judge, Thiruchengode to dispose the A.S.No.20 of 2020 within a stipulated time.

2. The facts of the case is that the petitioner and the respondent inherited the subject property from their ancestors. While so, there was some dispute between them regarding the partitioning of the subject property. Hence they have filed a suit in O.S.No.135 of 2011 and the same was disposed on 30.08.2019 and the said order favours the petitioner. Aggrieved over the same, the respondents have preferred an Appeal in A.S.No.20 of 2020 before the Principal District Judge, Namakkal and the same was periodically adjourned for filing written arguments. Hence the petitioner has come up with this petition seeking a direction to the Court below to dispose of the above A.S as early as possible.

3. The learned counsel for the petitioner submitted that due to the pendency of the above A.S the petitioners are not able to take possession

over the subject property and they are put to a great loss. Hence prays to allow this petition.

4. In view of the above, the learned II Additional District Judge, Thiruchengode is directed to dispose the A.S.No.20 of 2020 within a period of six months from the date of receipt of a copy of this order. The Court shall not grant unnecessary adjournments and the parties to co-operate with the proceedings.

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

17.07.2023 smn Index : Yes/No Internet: Yes/No To.

1. The II Additional District Judge, Thiruchengode

V.BHAVANI SUBBAROYAN,J.

Smn 17.07.2023