Rajendran (Died)1. R.Susila v. M.A.Subramaniam (Died) 1.A.S.Sevaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and CMP.No.4682 of 2024 Rajendran (died) 1.R.Susila 2.P.Akilandeswari 3.S.R.Mahesh ... Petitioners Vs.

M.A.Subramaniam (died) 1.A.S.Selvaraj 2.K.Easwari 3.V.Muthulakshmi 4.K.Sathiya P.Vidhya(died) 5.R.Saroja 6.R.Eswaramoorthy 7.R.Saravanan 8.Puspa 9.T.Poongodi 10.T.Iswarya 11.T.Susmitha ... Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking direction to fix a time period for completion of entire trial in REA No.4 of 2021 in REP No.84 of 2019 in O.S.No.235 of 1999 on the file of learned Subordinate Judge Mettur. For Petitioners : Mr.R.Raman laal

O R D E R

The civil revision petition is filed seeking direction to fix a time period for completion of entire trial in REA No.4 of 2021 in REP No.84 of 2019 in O.S.No.235 of 1999 on the file of learned Subordinate Judge Mettur.

2. The learned counsel for the petitioners submitted that the petitioners are decree holder and they got decree in O.S.Nos.235 of 1999 on 30.10.2001 on the file of the Subordinate Judge, Mettur. To execute the decree, the petitioners filed REP No.84 of 2019, in which, 3rd party filed REA No.4 of 2021 which is pending for a long period and therefore, the revision petitioners/decree holders are unable to enjoy the fruits of the

decree granted in their favour. The learned counsel hence prayed this Court to fix a time limit to complete the enquiry and dispose of REA. and REP.

3. On perusal of Court proceedings, the diary reflects that REA No.4 of 2021 is pending for long period and on 08.06.2023 REA No. 4 of 2021 was heard and posted for orders on 27.06.2023, but thereafter, orders not pronounced and re-opened and posted for clarification and periodically adjourned.

4. Considering the nature of application and the matter was periodically adjourned for clarification, the trial Court is hereby, directed to dispose of REA No. 4 of 2021 in REP No.84 of 2019 in O.S.No.235 of 1999 within a period of two months from the date of receipt of a copy of this order. Accordingly, this civil revision petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

14.03.2024 Index: Yes/No Internet: Yes/No

mpa To The Subordinate Judge Mettur.

V.SIVAGNANAM, J.

mpa and CMP.No.4682 of 2024 14.03.2024