A.Ruby v. Jenifer Vani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM A.Ruby ... Petitioner Vs.

1.Jenifer Vani 2.Jasmine Kavitha 3.Chris Vivek 4.Gnanapragasi Ammal ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India for a direction to the learned Trial Judge to dispose the suit in OS No.99 of 2019, on the file of the Learned Principal District Judge, Chengalpattu within a period of three months. For Petitioner : Mr.M.L.Ramesh

O R D E R

The civil revision petition is filed for a direction to the learned Trial Judge to dispose the suit in OS No.99 of 2019, on the file of the Learned Principal District Judge, Chengalpattu within a period of three months.

2. The petitioner is the plaintiff and respondents are defendants on the file in OS No.99 of 2019 on the file of the Learned Principal District Judge, Chengalpattu. The plaintiff has filed the said suit for partition. The case status of the above suit shows that, it was pending from 03.10.2019 to 26.10.2021 for filing written statement and thereafter, pending for issues from 12.11.2021 to 12.01.2024. In such circumstances, the petitioner has filed this present civil revision petition for a direction to the Trial Judge for speedy disposal of the case within a time frame.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated 10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the learned Principle District Judge, Chegalpattu is 1283 cases.

5. Considering the total pendency of the cases and also taking note of the fact that the above suit was filed in the year 2019, the Learned Principal District Judge, Chengalpattu is directed to dispose of the OS No.99 of 2019, as early as possible.

6. With the above direction, the Civil Revision Petition is allowed. There shall be no order as to costs.

16.02.2023 Index: Yes/No Internet: Yes/No mrn

V.SIVAGNANAM, J.

mrn 16.02.2024