Rathinammal v. Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP (NPD) No. 2987 of 2021 1.

Rathinammal 2.

Vanaja 3.

Navaneetham ... Petitioners/Appellants Vs 1.

Rajendran 2.

Muthukrishnan 3.

Jayachandran 4.

Venkatesan 5.

Padmavathy Ammal 6.

Entoor Ranganathan Naidu 7.

Entoor Tamagovinda Naidu 8.

Entoor Ramachandra Naidu 9.

Cherukuru Chinama Naidu 1/4

10.

Chindhakoppala Saroja Ammal 11.

Adasumalli Kanthammal 12.

Endhara Nandhamuni Naidu 13.

Marther Narayanaswamy Naidu ... Respondents/Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to issue a direction to the learned Sub Court, Poonamallee to dispose of A.S.No. 51 of 2016 within a time frame fixed instead of granting periodical adjournments.

*** For Petitioners : M/s. K.Sindhuja

O R D E R

Petitioners seeks early disposal of an Appeal in A.S.No. 51 of 2016 and the application in I.A.No. 7 of 2020.

2. The suit in O.S.No. 436 of 2005 was filed by the petitioners seeking partition and separate possession of their share in the suit properties. The said suit was decreed in part granting 7/16th share to the plaintiffs in some of the items of suit properties.

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3. The plaintiffs have filed an appeal against the disallowed portion and the same is pending. It is learnt that the defendants have also filed Cross Appeal. An application to let in evidence has also been filed by the appellant. The suit is of the year 1981 and the Appeal is of the year 2016. Almost 40 years have lapsed since the institution of the suit.

4. Considering the same, the Appellate Court, namely, Sub Court, Poonamallee, is directed to dispose of the Appeal in A.S.No. 51 of 2016 and I.A.No. 7 of 2020 within a period of 8 months from the date of receipt of a copy of this order.

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

04.01.2022 vsg Index: Yes/No Speaking order / Non speaking order 3/4

R.SUBRAMANIAN, J.

Vsg To:

1. Sub Court, Poonamallee 2.The Section Officer, VR Section, Madras High Court, Chennai.

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