Santhamani v. Rasappa Gounder (Dead)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Santhamani ... Petitioner vs Rasappa Gounder (dead) Krishnasamy (dead) 1.Kaliammal 2.M.Nagaraj 3.Vasanthamani 4.Devi 5.Pappathi 6.Suresh 7.K.Umadevi 8.P.Vasanthi 9.Thangamani 10.Velusamy ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to allow the above Civil Revision Petition by directing the early disposal of the appeal in A.S.No.11 of 2016 on the file of the Sub-Court, Avinashi.

For Petitioner : Mr.N.Nithianandam

ORDER

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The Civil Revision Petition is filed seeking a direction to the Sub Court, Avinashi to dispose of the first appeal in A.S.No.11 of 2016 within a time frame fixed by this Court.

2. Having regard to the limited prayer sought for in this revision, this Court is inclined to dispose the civil revision petition, even without notice to the respondents.

3. The petitioner herein obtained a decree for declaration and recovery of possession. The respondents herein filed first appeal challenging the said decree in A.S.No.15 of 2013 before the Sub Court, Tiruppur. The said appeal was subsequently, transferred to the file of the Sub Court, Avinashi in A.S.No.11 of 2016.

4. The perusal of the e-court entry filed in the typed-set of papers would suggest that the appeal was posted for argument as early as on 09.04.2019. Thereafter, there is no substantial progress in the matter and the 2/4

matter has been adjourned from time to time. Therefore, this Court is inclined to issue direction to the Sub Court, Avinashi to dispose of the first appeal in A.S.No.11 of 2016, within a period of three months from the date of receipt of copy of this order.

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

18.10.2022 Index : Yes / No Speaking Order : Yes / No dm To The Sub Court, Avinashi.

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S.SOUNTHAR , J.

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