Ganesan (Died) 1. Alamelu v. C.N. Arumugam

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 21.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Ganesan

1. Alamelu 2.Kalpana . . . Petitioners in both CRPs

Versus

1. C.N.Arumugam

2. The President, Somasipadi Village, Kizhpennathur Taluk, Thiruvannamalai District.

3. Sumathi

4. Sneha . . . Respondents in CRP 4722 of

1. C.N.Arumugam

2. Sumathi

3. Sneha . . . Respondents in CRP 4783 of Page 1 / 5

PRAYER : Petitions filed under Article 227 of Constitution of India to direct the learned Subordinate Judge, Thiruvannamalai & District to dispose of the cases in A.S.Nos.47 and 48 of 2019 within a stipulated period. For petitioner : Mr.C.Santhoshkumar [in both CRPs] For respondents : Mr.D.Gopal, Government Advocate-R2 [CRP 4722 of 2024] COMMON ORDER These Civil Revision Petitions have been filed to direct the learned Subordinate Judge, Thiruvannamalai to dispose of the appeal suits in A.S.Nos.47 and 48 of 2019 within a stipulated period fixed by this Court.

2. The first respondent has filed the suit in O.S.No.276 of 2014 against the husband of the first petitioner and father of the second petitioner for declaration of title and permanent injunction. The husband of the first petitioner and father of the second petitioner had filed a suit in O.S.No.242 Page 2 / 5

of 2015 against the first respondent for declaration and delivery of possession of the suit property. The trial Court by way of a common judgment dated 15.07.2019, has dismissed the suit filed by the first respondent and the suit filed by the husband of the first petitioner has been decreed in his favour. The husband of the first petitioner has also filed Execution Petition in E.P.No.82 of 2019 and the same is pending. The first respondent has filed Appeals in A.S.Nos.47 of 2019 and 48 of 2019 as against the common judgment dated 15.07.2019 and the same are pending. The grievance of the petitioners is that as the appeals are pending, due to the pendency of the appeals and as there is a stay of further proceedings in A.S.No.48 of 2019, he execution petition could not be disposed of. Hence, seeks a direction for early disposal of the appeal suits

3. Considering the limited relief sought by the revision petitioners, without going into the merits of the case, the learned Subordinate Judge, Thiruvannamalai is directed to dispose of the appeal suits in A.S.Nos.47 and 48 of 2019 expeditiously within a period of four months from the date of Page 3 / 5

receipt of a copy of this Order.

4. With the above directions, these Civil Revision Petitions are disposed of. No costs.

21.11.2024 Index : Yes / No Internet: Yes Speaking/non speaking order vrc Page 4 / 5

N. SATHISH KUMAR, J.

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