Radjalatchoumy v. Gangadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Radjalatchoumy

...Petitioner

Vs.

1.Gangadevi 2.Rohin (Autism Rep. by his mother & Next friend Gangadevi) 3.Anandavalli 4.Govinda Tirounavacarassou Vengada Baranishwaran (Died) 5.D.Reena Iswariya 6.B.Hemambujam 7.Hashmeethabanummathy (Minor) 8.Chaithanyabhavesh (Minor) Rep. by their Mother B.Hemambujam

...Respondents

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Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal District Court, Puducherry to dispose of the suit in OS.No.5 of 2017 on merits within a reasonable time.

For Petitioner :

Mr. K.S.Karthik Raja

O R D E R

The civil revision petition is filed seeking an early disposal of the suit OS.No.5 of 2017. This revision has been preferred by the 2nd defendant. The suit O.S.No.5 of 2017 is filed by respondents 1 and 2 herein on the file of the Principal District Judge, Puducherry, seeking partition and separate possession of the plaintiffs' 2/6th share in the suit A, C, D and E schedule properties and to deliver separate possession to them.

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2. The 2nd defendant has filed a counter claim and the matter is pending reply statement to the counter claim.

3. At this juncture, the petitioner has come forward with this application for disposing of the suit OS.No.5 of 2017, within a time frame.

4. Considering the fact that the reply statement to the counter claim has not been filed, this Court cannot direct the early disposal of the suit. Therefore, the civil revision petition is dismissed. However, liberty is granted to the petitioner to revive the matter if after the matter is listed for Trial there is an undue delay in proceeding with trial. No costs.

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The Principal District Court, Puducherry.

P.T. ASHA, J, 4/5

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