C.R.Gayathri v. C. Premaraju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.C.R.Gayathri 2.A.C.Raju @ A.Chinna Raju ... Petitioners Vs.

C.Premaraju ... Respondent PRAYER: Civil Revision Petition has been filed under Article 227 of Constitution of India, 1950, praying to direct the learned Principal District Judge, Chengalpattu to dispose of the suit in O.S.No.433 of 2022 within a stipulated time.

For Petitioners : Mr.R.Sripriya

ORDER

This revision petition has been filed seeking a direction to the learned Principal District Judge, Chengalpattu to dispose of the suit in O.S.No.433 of 2022 within a stipulated time.

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2.The petitioners herein, who are the defendants in O.S.No.433 of 2022, has filed this revision seeking for a speedy disposal. The respondent, who is none other than the mother of the first petitioner and wife of the second petitioner, filed the above suit seeking to declare the settlement deed dated 25.01.2021 registered as Document No.1058 of 2021 as null and void and for permanent injunction restraining the petitioners/defendants from in any way creating any further encumbrance over the suit property. Though the respondent executed the registered settlement deed before SRO, Guduvanchery, now she makes a turn around that she and other children were neglected by the petitioners. The respondent claims that she has got 22.2% share in the suit property and for reclaiming of her share, she filed the present suit. Further the respondent claims that due to the negligent act of the petitioners, she is living with her son Mr.Prakash Kumar, who has given shelter after she was thrown out of her matrimonial home. 2/6

3.The learned counsel for petitioner submitted that there are other properties to the respondent and second petitioner, which were settled to the other family members. This suit was filed using the respondent as a formal party by the first petitioner's siblings to some how take away the property from her. She further submitted that in this case all the pleadings were over and the case is posted to 22.07.2024 for framing of issues. Her request is that the proceedings in the suit to be completed without further delay. 4.Since it is only a limited prayer seeking direction to dispose of the O.S.No.433 of 2022 within the stipulated period, notice to the respondent not required. Hence, notice to the respondent dispensed with. 5.The learned counsel for petitioners made her submissions and produced the E-Court proceedings. From the E-Court proceedings it is seen that the suit is pending from the year 2022. Now the suit is at the stage of framing of issues. In view of the above factual position, this Court directs the 3/6

trial Court (Principal District Court, Chengalpattu) to dispose of the case in O.S.No.433 of 2022 within a period of four months from the date of receipt of a copy of this order.

6.With the above directions, the Civil Revision Petition is disposed of. No costs.

03.07.2024 Index : Yes/No Internet : Yes/No Speaking order/Non speaking order rsi 4/6

To The Principal District Judge, Chengalpattu.

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M.NIRMAL KUMAR, J.

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