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Madras High CourtCRP/3351/2022disposed of

Bhavani v. M. Rathnavel

2022-10-19Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM

THE HON'BLE MR. JUSTICE S.SOUNTHAR Mrs.Bhavani ... Petitioner /Respondent - 3/ Defendant 5 .Vs.

1. M.Rathnavel 2.M.Ponvel

3. Dr.P.Devendiran

...Respondent/Appellants/

Defendants 2-3&9

4. M.Sivaji ..Respondent/1st Respondent / plaintiff

5. M.Rajendiren

6. M.Maheswari

7. M.Savithri

8. M.Rajeswari

9. Rukmani ..Respondents/Respondents 2, 4-7/ Defendnats 4, 6, 8 and 10 1/4

Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Hon'ble III Additional District and Sessions judge, Thirupattur, Thirupattur District to dispose of the A.S.No.23 of 2018 dated 03.10.2018 within a time framed by this Court. For Petitioner : Mr.G.Saibaba for M/s.D.Kalaivani

ORDER

This Civil Revision petition is filed seeking for a direction to the III Additional District and Sessions Court, Thirupattur to dispose of the First Appeal in A.S.No.23 of 2018 within a time frame fixed by this Court. 2.

Having regard to the limited prayer made in this revision, this Court is inclined to dispose of the Civil Revision petition even without notice to the respondents.

3.

The main suit is for partition. Challenging the preliminary decree for partition passed in the suit, the defendants 1 to 3 have filed the appeal in A.S.No.23 of 2018. The Revision petitioner who was the 5th defendant in the 2/4

suit was arrayed as 3rd respondent in the Appeal. The perusal of the E-Court entry filed in the typed set of papers would suggest that the Appeal is adjourned from time to time in the stage of arguments from 15.12.2020 onwards. Therefore, this Court is inclined to issue a direction to the Court below to dispose of the First Appeal in A.S.No.23 of 2018 within a period of three months from the date of receipt of copy of this order. This Civil Revision petition is accordingly disposed of. No costs. 19.10.2022 rka Internet Index:Yes/No Speaking Order: Yes/No Note : Issue order copy on 20.10.2022.

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S.SOUNTHAR.J., rka To The III Additional District and Sessions judge, Thirupattur, 19.10.2022 4/4