← Library
Madras High CourtCRP/4791/2023disposed of

K.Sadasivam v. M.Subramani

2023-12-18Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM:

THE HON'BLE MR.JUSTICE T.V.THAMILSELVI K.Sadasivam ... Petitioner Vs.

1.M.Subramani 2.K.Sivakumar 3.Pappathi @ Sambathal 4.Marimuthu 5.Karuppursamy 6.Yuvaraj 7.Malarkodi 8.Vishwanathan 9.Parimalam 10.Duraisamy 11.Mylathal 12.P.Shanmugham 13.P.Vasudevan 14.P.Dhandapani 15.P.Aruchamy 16.P.Krishnan 17.Pappathi 18.P.Murugasamy Natrajan (Died) R.Saraswathi (Died) 19.Amminiammal 20.Thangavelu 21.Sivaguru 22.Karunaiammal 23.Murugaiyan 24.Kathirvel 1/5

25.Palaniammal 26.Gunaselan 27.Shanmugham 28.Duraisamy 29.Kalimuthu 30.Aruchamy 31.Ramasamy 32.Palanisamy ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India seeking direction to dispose of the appeal suit in A.S.No.39 of 2017 pending on the file of the learned Subordinate Judge, Avinashi. For Petitioner : Mr.K.M.C.Arunmohan

ORDER

This Civil Revision Petition has been filed seeking early disposal of the appeal suit in A.S.No.39 of 2017 on the file of the learned Subordinate Judge, Avinashi.

2. Learned counsel for the petitioner submits that the petitioner is the eighth respondent in the appeal. Though I.A.No.362 of 2022 filed to implead the LRs of the Appellants as Appellants in the appeal suit, was allowed on 08.08.2023, till date, amendment has not been carried out and the appeal is kept pending. He would also submit that the petitioner is the absolute owner 2/5

of the property and due to the pendency of the appeal, he is unable to sell the suit schedule property to meet out his expenditures.

3. Heard the submission made by the learned counsel for the petitioner and perused the materials available on record.

4. Considering the fact that the appeal suit is pending from the year 2017 and the lower court records were received in the year 2019 itself, this Court is inclined to issue direction to the trial court for speedy disposal. Accordingly, the trial court is directed to dispose of the appeal suit in A.S.No.39 of 2017, within a period of three months from the date of receipt of a copy of this Order.

5. With the above direction, this civil revision petition is disposed of. No costs.

18.12.2023 nl Index : Yes/No 3/5

Speaking order/Non-speaking order To 1.The Subordinate Judge, Avinashi.

4/5

T.V.THAMILSELVI ,J.

nl 18.12.2023 5/5