K.Kabilan v. Ramachandiran (Died) 1.Sagadevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Civil Revision Petition.No.2396 of 2023 K.Kabilan ... Petitioner

Versus

Ramachandiran (died) 1.Sagadevan 2.Seethammal 3.Krishnaveni 4.Selvam 5.Saravanan 6.Poongavanam 7.Perumal 8.Venkatesan 9.Dhanalakshmi 10.Seenivasan 11.Maheswari 1/6

12.Narayanan 13.Inthirani Arumugam (Died) Subramani (Died) 14.Alamelu 15.Kundhiammal 16.Baggiyam Rathinam (Died) 17.Dinakaran 18.Seenivasan 19.Rajadurai 20.Vijaya 21.Banupriya 22.Alamelu 23.Rajkumar 24.Vennila 25.Valli Kanagasabapathi (Died) 26.Thangavel 27.Chinnammal 2/6

28.Panchalai 29.Alamelu 30.Jayaraman 31.Ramadevan 32.Nagaraj Pappa (Died) 33.Sundaram 34.The District Collector Salem Collectorate, Salem.

35.The Tahsildar Salem Taluk, Salem.

36.T.Malliga 37.Mahalakshmi 38.Kesavan 39.Jayalakshmi 40.Krishnamoorthy 41.Rukmani 3/6

42.Kumar 43.Ravi 44.Panchalai 45.S.Muniappan 46.M.Saraswathi 47.Kasthuri 48.Palaniyammal ...Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the learned II Additional Subordinate Judge, Salem to expedite the hearing and to dispose of the O.S.No.569 of 2010 within a time limit.

For Petitioner : Mr.R.Krishna Prasad for Mr.M.Palanivel

ORDER

This Civil Revision Petition is filed seeking for a direction to the trial Court to expedite the hearing and to dispose of O.S.No.569 of 2010 on the file of the learned II Additional Subordinate Judge, Salem, within a stipulated time.

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2. The plaintiffs have filed a suit in O.S.No.569 of 2010 under Order VII Rules 1 to 6 of C.P.C on the file of Principal Subordinate Court, Salem for the relief of declaration of title, partition and also for permanent injunction. Since there is no substantial progress in the above said suit, the revision petitioner is before this Court by way of this Civil Revision Petition.

3. Heard the learned counsel for the petitioner and perused the material available on record and there is no representation on behalf of the respondents.

4. On a perusal of "A" Diary Extract filed along with this revision petition would reveals that the suit is of the year 2010 and from 15.02.2021 onwards, the matter has been adjourned from time to time. Since there is no substantial progress in this case from the year 2010, this Court is inclined to issue a direction to the Court below to dispose of the suit within a period of one year from the date of receipt of copy of this order. 5/6

V. BHAVANI SUBBAROYAN, J.

jai

5. Considering the facts and circumstances of the case, this Court is inclined to pass the following Order:

"The Trial Court is directed to expedite the hearing and to dispose of O.S.No.569 of 2010 within a period of One year from the date of receipt of a copy of this order."

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

17.07.2023 jai Index:Yes/No Speaking Order: Yes/No To

1. The II Additional Subordinate Judge, Salem. 6/6