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Madras High CourtCRP/3106/2022disposed of

Kalliyammal v. Gopal

2022-09-29Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kaliyammal ... Petitioner Vs.

1.Gopal 2.Chinnayapan 3.Munuswami 4.Manivannan ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Sub-Judge, Arni, Tiruvannamalai District to conclude the trial/proceedings in O.S.No.181 of 2017 within a time frame that my be fixed by this Court.

For Petitioner : Mr.N.Elumalai 1/4

ORDER

The Civil Revision Petition is filed by the petitioner seeking a direction to the learned Sub-Judge, Arni, Tiruvannamalai District, to dispose of the O.S.No.181 of 2017 within time frame.

2. Having regard to the limited prayer made in this revision, this Court is inclined to dispose of the revision even without issuing notice to the respondent.

3. The first respondent herein filed a suit for partition. The perusal of the docket entry produced in the typed set of papers would suggest that the suit has been adjourned from time to time for taking steps to bring the Legal Representatives of the deceased first defendant.

4. The revision petitioner is the third defendant in the suit and he filed his written statement as early as July 2019 and the fourth defendant adopted the written statement of third defendant. 2/4

5. The docket entry would further suggest that the I.A.No.250 of 2017 filed by the plaintiff seeking injunction is pending as first respondent failed to pay batta.

6. In view of the fact that the Legal Representatives of the first defendant is not brought on record so far, this Court is not inclined to fix specific time for disposal of the suit. However, taking into consideration, the suit is of the year 2017, the learned Subordinate Judge, Arni, Tiruvannamalai District, is directed to dispose of the suit as expeditiously as possible.

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

29.09.2022 Index : Yes / No Internet : Yes / No dna To The Sub-Judge, Arni, Tiruvannamalai District. 3/4

S.SOUNTHAR , J.

dna 29.09.2022 4/4