Ramathal v. Karuppasamy @ Karuppana Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.12.2024

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR C.R.P.[NPD]No.5046 of 2024 Ramathal .. Petitioner Vs.

1. Karuppasamy @ karuppana Gounder

2. Lakshmi

3. Viswanathan .. Respondents Prayer: Civil Revision Petition filed, praying to dispose to A.S.No.27 of 2015 on the file of Subordinate Judge, Tiruppur in the speedy manner that may be fixed by this Court.

For Petitioner : Mr.P.Tamilavel

ORDER

This Revision Petiton has been filed by the petitioner, who is one of the respondents in A.S.No.27 of 2015 pending on the file of the Subordinate Judge, Tiruppur, seeking early disposal of the appeal. 1/4

2. It appears that the petitioner herein, has filed a suit in O.S.No.266 of 2007 onn the file of the District Musnif Court, Avinashi for partition and separate possession of the suit schedule properties, which, after full fledged trial, was decreed, vide judgment and decree dated 25.03.2015. Aggrieved by the same, the defendants have preferred an appeal in A.S.No.27 of 2015 on the file of Subordinate Judge, Tiruppur and it is still pending.

3. The learned counsel for the petitioner would submit that the petitioner is a senior citizen and she has been longing for the fruits of the decree since the suit was decreed in the year 2007, however, the defendants who are the appellants in the appeal, have been dragging the matter one way or the other from the year 2015 during which year, the appeal has been filed and preventing the petitioner herein to enjoy the fruits of the decree. Therefore, the learned counsel for the petitioner seeks a direction to the concerned first appellate Court for early disposal of the appeal.

4. Considering the submissions made by the learned counsel for the 2/4

petitioner and since the appeal in A.S.No.27 of 2015 on the file of the Subordinate Judge, Tiruppur has been pending for the last 9 years without considerable progress therein and as the petitioner is a senior citizen aged about 73 years, this Court feels it appropriate to direct the learned Subordinate Judge, Tiruppur to conduct the appeal proceedings without giving long adjournments and dispose of the same within a period of four months from the date of receipt of a copy of this order.

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

10.12.2024 rst Index : Yes/No Internet: Yes/No Speaking/Non-Speaking Order To:

The Subordinate Judge, Tiruppur.

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N.SATHISH KUMAR, J.

rst C.R.P.[NPD]No.5046 of 2024 10.12.2024 4/4