Rajeswari v. Premalatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI C.R.P.No.4710 of 2023 Rajeswari ... Petitioner -Vs1. Premalatha

2. Govindasamy

3. Krishnamoorthy

4. Kaliappan

5. Selvam @ Tamilselvam

6. Jayagopi

7. Babu @ Dhanasekaran

8. R.Malliga

9. Chinnathayee

10. Sundaram

11. Rajasekaran

12. Malathi

13. Rajeswari

14. Latha

15. Vellaiyammal

16. Valliammal

17. Thayammal

18. Periyakkal

19. Saroja ... Respondents 1/6

Prayer in C.R.P.No. 4710 of 2023 : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to issue an order of direction for speedy disposal of the suit in O.S.No.501 of 2018 pending on the file of Sub-Court, Omalur within a stipulated time and allow the above C.R.P.

C.R.P.No.4711 of 2023 Rajeswari ... Petitioner -Vs1. R.Malliga

2. Valliammal

3. Tamilselvam

4. Jayagopi

5. Dhanasekaran

6. The Salem District Cooperative Bank Ltd., Tharamangalam Branch, rep. by its Manager

7. State Bank of India, Tharamangalam Branch, rep. by its Manager

8. Premalatha

9. Kaliappan

10. Krishnamoorthy

11. Chinnathayee

12. Sundaram 2/6

13. Rajasekaran

14. Malathy

15. Latha

16. Vellaiammal

17. Thayammal

18. Periyakkal

19. Saroja ... Respondents Prayer in C.R.P.No. 4711 of 2023 : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to issue an order of direction for speedy disposal of the suit in O.S.No.500 of 2018 pending on the file of Sub-Court, Omalur within a stipulated time and allow the above C.R.P.

For Petitioner in both C.R.P.s : Mr.A.M.Packianathan Easter COMMON ORDER The Revision Petitioner herein is the 15th defendant in both the suits in O.S.Nos.500 & 501 of 2018 on the file of learned Sub-Court, Mettur, which was filed by the 1st respondent/plaintiff for the relief of partition and other consequential relief against the defendants. 3/6

2. Since the relief claimed by the Revision Petitioner only seeking a direction for a speedy disposal, the notice to the respondents is dispensed with.

3. The learned counsel for Revision Petitioner would submit that originally, the suits were filed in the year of 1999 for the relief of partition before the Sub-Court, Mettur and the same was taken on file in O.S.No.164 of 2000 and now it was transferred to Sub-Court, Omalur. Now, the suits are riped for trial even from the year of 2016. But, so far, the suits are not yet disposed of. Therefore, she wanted to direct the trial court to dispose the suits as early as possible.

4. Considering the facts and circumstances and also the fact that both the suits are even pending from the year of 2016 and some of defendants have filed their written statement, but there is no progress in the trial, this Court is inclined to direct the trial judge to complete the trial and dispose the suits in O.S.Nos. 500 and 501 of 2018 within a period of three months from the date of receipt of copy of this order without giving 4/6

unnecessary adjournment, since because the delayed justice is also amounting to denial of justice. The defendants are directed to file their written statements within a period of two weeks from the date of receipt of copy of this order. Accordingly, these Civil Revision Petitions are disposed of. No costs.

19.12.2023 Index : Yes/No Speaking Order : Yes/No rpp To The Sub-Court, Omalur.

5/6

T.V.THAMILSELVI, J.

rpp 19.12.2023 6/6