Gandhimathi v. Thangavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP. No.3445 of 2022 1.Gandhimathi 2.Arsiya 3.Ariskumar (minor)

...Petitioners

(Rep. by Guardian his mother, 1st petitioner/ Gandhimathi) versus 1.Thangavel 2.Kolanjiammal 3.Palanivel 4.Arulraja 5.Karthick 6.Palaniammal 7.Seniza(minor) Rep by his mother Vidyaparani 8Abiseck (Minor) Rep by his mother Kalpana

9. Vidyaparani

...Respondents

PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal Sub - Judge, Virudhachallam, Cuddalore District, to dispose of the suit in O.S.No.281 of 2018 within the stipulated time.

For Petitioners : Mr.M.Kalaiyarasan

O R D E R

This Civil Revision Petition is filed seeking a direction to the Principal Sub-Court, Virudhachallam, Cuddalore District, to dispose of the suit in O.S.No.281 of 2018 within the stipulated time.

2. The petitioners herein filed a suit for partition against the respondents in O.S.No.281 of 2018.

3. A perusal of the adjudication papers filed along with typed set would suggest that the respondents 7 to 9 who had been arrayed as defendants 7 to 9 in the suit have not been served so far. The E-court entry dated 01.09.2022 pertains to the suit would suggest that fresh summons were ordered to Respondents 7 to 9, returnable by 14.11.2022.

4. Taking into consideration the relief prayed for in the suit, this court is inclined to issue a direction to the court below to dispose of the suit, within a period of nine months, from the date of service of summons to the Respondents 7 to 9 / Defendants 7 to 9.

5. With the above observation, this Civil Revision Petition stands disposed of.

31.10.2022 Index : Yes/No Internet : Yes/No gv

S.SOUNTHAR.,J.

Gv To The Principal Sub - Judge, Virudhachallam, Cuddalore District.

CRP. No.3445 of 2022 31.10.2022