Madras High CourtCRP/4135/2019disposed of

Sagunthala v. Krishnammal

2019-12-16Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.12.2019 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRP.(PD).No.4135 of 2019 Sagunthala ... Petitioner

Versus

1. Krishnammal

2. Lakshmiammal

3. Savithiriammal Krishnasamy Naidu (Died)

4. Rajeswari

5. Minor Geetha

6. Minor Nagaraj R5 and 6, represented by Court Guardian

7. Krishnamurthy

8. Murali

9. Srinivasan Jayalakshmi (died) 10.Rani 11.Nirmala 12.Rajamestry 13.Veerasami Naidu ... Respondents PRAYER: Civil Revision Petition filed under Section 227 of the Constitution of India praying to allow the above Civil Revision Petition by directing the learned Subordinate Judge, Arakkonam to dispose of I.A.No.200 of 1997 in O.S.No.312 of 1982 pending on the file of learned Subordinate Judge, Vellore on its file within time fixed by this Court.

For petitioner : Mr.Jeremiah Gregory John 1/5

ORDER

The Civil Revision Petition is taken up for final disposal at the Admission stage itself.

2. This Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Vellore, to dispose the final decree application filed by the petitioner in I.A.No.200 of 1997 in O.S.No.312 of 1982. The petitioner is the plaintiff in the suit for partition in O.S.No.312 of 1982, in which a preliminary decree has been passed as early as on 16.12.1989. Thereafter, a final decree application has been filed by the petitioner in the year 1997. But, so far no order has been passed in the said application. Hence, the present Revision has bee filed.

3. In view of the order going to be passed in the Civil Revision Petition, notice to the respondents is dispensed with.

4. Heard the learned counsel for the petitioner and perused the materials available on records carefully.

2/5

5. The leaned counsel for the petitioner submits that already Commissioner was appointed and he has also filed report and arguments have also been advanced by both sides in the year 2014 itself. But, so far no order has been passed in the Final Decree application.

6. Considering the above submission and also considering the fact that the Final Decree application is pending from the year 1997, the trial Court is directed to dispose the application within a period of one month from the date of receipt of a copy of this order.

7. With the above directions, this Civil Revision Petition is Disposed of. No costs.

16.12.2019 Index : yes/no Internet : yes/no Speaking/Non-Speaking order mrp Note :Issue order copy on 20.12.2019.

To The Subordinate Judge, 3/5

Vellore 4/5

V.BHARATHIDASAN mrp CRP.(PD).No.4135 of 2019 16.12.2019 5/5